Winkemeier v. Winkemeier
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Maud B. Winkemeier, from 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 22d day of May, 1896, denying her motion to require the defendant to pay to the plaintiff a certain amount of money to pay expenses of the prosecution of the action.
1Opinion of the Court
Bradley, J.:
The motion was instituted by an order to show cause on April 6, 1896, made and served three days previously. It was not heard at the time specified in the order, because the action was reached on the Circuit calendar, moved to trial, and the issues tried on that day, the sixth of April. The consequence was that the motion was postponed for a week and then heard. In the meantime the action had been tried, and decision in favor of the plaintiff made by the court, and filed. The motion was then denied on the ground, as expressed in the order, that the court had no power then to grant…
2Cases cited3 opinions
- Erkenbrach v. . ErkenbrachNew York Court of Appeals · 1884
- Beadleston v. . BeadlestonNew York Court of Appeals · 1886
- McBride v. McBrideNew York Supreme Court · 1889
3Cited by4 opinions
- Stillman v. StillmanAppellate Division of the Supreme Court of the State of New York · 1922
- Schroter v. SchroterNew York Supreme Court · 1907
- Coon v. CoonAppellate Division of the Supreme Court of the State of New York · 1899
- Nottingham v. NottinghamAppellate Division of the Supreme Court of the State of New York · 1924