Hobby v. Hobby
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Susan A. Hobby, from so much of an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 18th day of February, 1896, as fails to provide a counsel fee to enable the plaintiff to carry on her action; also, an appeal by the defendant, George R. Hobby, from so much of said order as awards the plaintiff alimony.
1Opinion of the Court
Cullen, J.:
This action is brought to obtain a decree of separation from defendant’s bed and board. The defendant set up as a bar that in the year 1868, in a similar action instituted by the plaintiff against him, she recovered a judgment of separation and for alimony. The plaintiff admits the recovery of this judgment, but to avoid its effect avers that the parties became reconciled and lived together as husband and wife from 1875 to 1880, when the defendant again abandoned her. At that time the parties, through the intervention of a trustee, entered into an agreement of separation, whereby…
2Cases cited4 opinions
- Davis v. . DavisNew York Court of Appeals · 1878
- Barrere v. BarrereNew York Court of Chancery · 1819
- Jones v. JonesNew York Supreme Court · 1895
- Citizens Passenger Ry. v. East Harrisburg Passenger Ry.Supreme Court of Pennsylvania · 1894
3Cited by14 opinions
- Capell v. CapellSupreme Court of Virginia · 1935
- Gewirtz v. GewirtzAppellate Division of the Supreme Court of the State of New York · 1919
- Williams v. WilliamsSupreme Court of Alabama · 1954
- Hallow v. HallowAppellate Division of the Supreme Court of the State of New York · 1922
- Murdock v. MurdockAppellate Division of the Supreme Court of the State of New York · 1911
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