Order reversed, without costs, and motion and cross motion remitted to the Special Term for further proceedings not inconsistent herewith.
With respect to the motion to adjudge the husband in contempt, the order is defective in that it fails to declare that his disobedience to the judgment directing the payment of the counsel fee was calculated to, or actually did defeat, impair, impede or prejudice the rights of the wife; such declaration or recital is indispensable...
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