Wilson v. Hinman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles N. Hinman, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the 25th day of April, 1904, upon the decision of the court, rendered after a trial at the Broome Special Term, overruling the defendant’s demurrer to the plaintiff’s complaint.
1Opinion of the Court
Smith, J.:
The complaint is challenged as not stating a cause of action. It alleges that heretofore the plaintiff and one Balis L. Hinman were husband and wife, and in an action judgment was obtained by this plaintiff against said Balis L. Hinman dissolving the marriage relation and providing for the payment of $300 a year alimony “ so long as she shall live.” The judgment further provided that the payment of such alimony should be secured by a mortgage upon certain property. The complaint alleges that pending the trial of this divorce action Balis L. Hinman transferred this property without…
2Cases cited3 opinions
- Burr v. BurrNew York Court of Chancery · 1842
- Johns v. JohnsAppellate Division of the Supreme Court of the State of New York · 1899
- Kellogg v. StoddardNew York Supreme Court · 1903