Legal Opinion

Minnier v. Minnier

New York Supreme Court

Decided December 27, 1946PublishedCited by 3 opinions

1Opinion of the CourtKimball, J.

The plaintiff has applied to the court for an order directing entry of judgment for arrears of alimony pro*101vided in the decree pursuant to section 1171-b of the Civil Practice Act. It is conceded that the defendant was not personally served with a certified copy of the decree. The defendant has raised the objection that the court is without jurisdiction to grant the order, taking the position that service of a certified copy of the decree upon the defendant is a prerequisite to an application for the entry of the judgment. While the question does not appear to have been directly passed upon by…

2Cases cited5 opinions

  1. Thayer v. ThayerAppellate Division of the Supreme Court of the State of New York · 1911
  2. Durlacher v. DurlacherNew York Supreme Court · 1940
  3. Lawrence v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1922
  4. Tucci v. TucciAppellate Division of the Supreme Court of the State of New York · 1930
  5. Miles v. MilesAppellate Division of the Supreme Court of the State of New York · 1932

3Cited by3 opinions

  1. Masters v. MastersNew York City Family Court · 1967
  2. Gould v. GouldNew York Supreme Court · 1954
  3. Carter v. CarterAppellate Division of the Supreme Court of the State of New York · 1989

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