Hall v. Hall
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Emma L. Hall, from an order of the 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 23d day of March, 1912, overruling the plaintiff’s demurrer to a defense.
1Opinion of the Court
Miller, J.:
This is an action for an absolute divorce. The defense demurred to for insufficiency is the pendency of another action between the same parties for separation on the ground of aban*689donment and non-support. It is not even alleged that the action for separation was pending when this action was brought. But even if it were, it would not constitute a bar. The two actions are brought on different grounds for different relief. Even a judgment in the separation action would not bar an action for absolute divorce. The learned justice at Special Term denied the motion on the authority of…
2Cases cited1 opinion
- Conrad v. ConradAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by5 opinions
- Nowell v. NowellCourt of Appeals of Texas · 1966
- Dunn v. DunnAppellate Division of the Supreme Court of the State of New York · 1982
- McKean v. McKeanAppellate Division of the Supreme Court of the State of New York · 1984
- Perusse v. PerusseCourt of Appeals of Texas · 1966
- Backus v. BackusNew York Supreme Court · 1988