Stillman v. Stillman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James A. Stillman, from an order of the Supreme Court, made at the Dutchess Special Term and entered in the office of the clerk of the county of Putnam on the 5th day of January, 1922, awarding to the defendant Anne U. Stillman $7,500 for expenses of the action, which is for divorce on the ground of adultery.
1Opinion of the Court
Rich, J. :
The plaintiff, after alleging the adultery of the defendant, charges that Guy Stillman, a son born to the defendant, is illegitimate. The defendant is entitled to an opportunity to present any evidence which may tend to defeat the allegations against her, and if she is without means to carry on her defense the court will require that the plaintiff provide such funds as are reasonably necessary for the purpose, providing it is made to appear that she has a meritorious defense. The law imposes the burden upon her of showing, first, that she has a. meritorious defense, and second, that…
2Cases cited3 opinions
- Beadleston v. . BeadlestonNew York Court of Appeals · 1886
- Tranter v. TranterAppellate Division of the Supreme Court of the State of New York · 1919
- Winkemeier v. WinkemeierAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by5 opinions
- Shuart v. ShuartNew York Supreme Court · 1944
- Holt v. CarrNew York Supreme Court · 1939
- Barchoff v. BarchoffAppellate Division of the Supreme Court of the State of New York · 1962
- Bartolotta v. BartolottaAppellate Division of the Supreme Court of the State of New York · 1923
- Leaf v. LippmanCity of New York Municipal Court · 1934