Stewart v. Stewart
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Irene Stewart, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 5th day of May, 1921, overruling a demurrer to a separate defense and equitable counterclaim contained in the answer.
1Opinion of the Court
Page, J.:
The action is brought to recover unpaid installments of alimony awarded by a judgment of divorce granted by a court of the State of Nevada. The defendant attached a copy of the judgment to his answer and admits, by failure to deny, the allegations of the complaint that the Nevada court had due jurisdiction of the subject-matter of the action and of the parties; that the defendant duly appeared in the- action and intérposed an answer; that the issues of fact were duly tried, and that the plaintiff duly recovered the judgment.
The defendant sets up in his answer by way of a separate…
2Cases cited5 opinions
- Sistare v. SistareSupreme Court of the United States · 1910
- Pray v. . HegemanNew York Court of Appeals · 1885
- Tiedemann v. TiedemannAppellate Division of the Supreme Court of the State of New York · 1916
- Tiedemann v. . TiedemannNew York Court of Appeals · 1919
- Field v. ChronikAppellate Division of the Supreme Court of the State of New York · 1920
3Cited by18 opinions
- Lewis v. LewisNevada Supreme Court · 1931
- Hoyt v. HoytAppellate Division of the Supreme Court of the State of New York · 1942
- Yates v. YatesNew York Supreme Court · 1944
- Furman v. FurmanNew York Supreme Court · 1941
- Fales v. FalesNew York Supreme Court · 1936
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