Maran v. Maran
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George Maran, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 21st day of February, 1910.
1Dissent
Laughlih, J. (dissenting):
The questions presented for decision on this appeal are whether in an action for separation which is based op. the marriage contract the defendant, who is in contempt of court for failing to obey an order for the ■ payment of alimony, may be stayed or should, be stayed from offering proof of a counterclaim duly and timely' pleaded for an annulment of the marriage. Quite likely such a counterclaim is not authorized (Taylor v. Taylor, 25 Misc. Rep. 566; affd., without opinion, 68 App. Div. 638; Conrad v. Conrad, 124 id. 780), but the Court of Appeals has not yet passed…
2Cases cited3 opinions
- Hovey v. ElliottSupreme Court of the United States · 1897
- Sibley v. SibleyAppellate Division of the Supreme Court of the State of New York · 1902
- Taylor v. TaylorNew York Supreme Court · 1898