New York Supreme Court, 1890

Weill v. Weill

New York Supreme Court · Decided April 12, 1890 · Andrews

10 N.Y.S. 627; 18 N.Y. Civ. Proc. R. 241; 1890 N.Y. Misc. LEXIS 891 (New York Supplement)

Counsel

Marks & Terry, (Montague L. Marks, of counsel,) for plaintiff. Joseph Steiner, (Alfred Steckler, of counsel,) for defendant.

Opinion of the Court

Andrews, J.

The husband and wife both swear that the alimony has been paid, and, besides, I am not referred to any case in which it has been held that an attorney has a lien upon the alimony awarded to the wife by a final judgment rendered in her favor, in an action for a separation. The costs cannot be collected by a proceeding to punish for contempt. Jacquin v. Jacquin, 36 *628Hun, 378. Apparently, all that the court can do is to permit the attorney to issue an execution to collect the costs, and an order giving such permission, with $10 costs of this motion, may be entered.

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