Johnson v. Johnson
New York Court of Common Pleas
Appeal from an order of this court denying a motion to amend a judgment of divorce. ■ The appeal was taken by plaintiff from an order of the Special Term, made April 15th, 1882, denying her motion to amend the judgment of divorce in this action, entered December 15th, 1877, by inserting therein a provision allowing alimony to plaintiff, such judgment making no provision on that point.
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Appeal from an order of this court denying a motion to amend a judgment of divorce. ■ The appeal was taken by plaintiff from an order of the Special Term, made April 15th, 1882, denying her motion to amend the judgment of divorce in this action, entered December 15th, 1877, by inserting therein a provision allowing alimony to plaintiff, such judgment making no provision on that point. It appeared from plaintiff’s motion papers that although she had demanded alimony in her complaint, yet no provision was made therefor in the judgment, because defendant requested such omission, promising, if…
1Opinion of the CourtJ. F. Daly, J.
[After stating the facts as above.]—No ground for reopening this judgment is shown by the moving papers. The plaintiff refrained from taking a decree providing for her support, on the promise of the defendant to *235pay her money from time to time. If she were content then to take such a promise instead of a decree of the court, she must be content now. No charge of fraud can be based on a mere promise, and the judgment cannot be disturbed on that ground.
With the entry of judgment in an action of divorce dissolving the marriage contract the jurisdiction of the court over the parties is…
2Cited by1 opinion
- Clough v. LongOhio Court of Appeals · 1918