Byrnes v. Byrnes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Martin P. Byrnes, from so much of a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 21st day of September, 1907, pursuant to an interlocutory judgment entered in said clerk’s office on the 23d day of May, 1907, upon the report of a referee, divorcing the parties to this action, as awards the sum of eight dollars per week alimony to the plaintiff.
1Opinion of the Court
Ingraham, J.:
This action was commenced for an absolute divorce on the ground of adultery. The answer admits the marriage and the residence of the defendant, denies the other allegations of the complaint, and as a separate and partial defense alleges that prior to the commencement of this action the plaintiff commenced an action in the Supreme Court of the State of New York asking for a separation from the defendant; that in such action the defendant duly interposed an answer which set up a counterclaim asking that the defendant have judgment against the plaintiff for a separation. That action…
2Cases cited4 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- Waring v. . WaringNew York Court of Appeals · 1885
- Taylor v. TaylorNew York Supreme Court · 1900
- McDonough v. McDonoughThe Superior Court of New York City · 1863
3Cited by1 opinion
- Burton v. BurtonAppellate Division of the Supreme Court of the State of New York · 1912