Opinion
May 15, 1908.
Allen Caruthers, for the appellant.
J. Frederick Cryer, for the respondent.
Present — INGRAHAM, LAUGHLIN, CLARKE, HOUGHTON and SCOTT, JJ.
The papers show no demand for the amount due for alimony, the payment of which is sought to be enforced in this proceeding. If there had been a proper demand for the amount due the motion should have been granted, as the defendant's plea of poverty is no answer to the application.
As the case stands, however, the order must be affirmed, but without costs.
Order affirmed, without costs.