Vincent v. Vincent
New York Court of Common Pleas
Action by Emily Vincent against Ludger 0. Vincent, for divorce. Plaintiff moves for alimony and counsel feesjpendente lite.
1Opinion of the CourtPryor, J.
That, to authorize an allowance of alimony pendente lite, the existence of the marital relations must be shown to the satisfaction of the court, is a settled rule in the jurisprudence of this state; but, as in other preliminary contestations, the fact is not to be established with the clearness and conclusiveness exacted of proof as the basis of a final adjudication upon the rights of the litigant parties, but it suffices if, on an application for alimony, the putative wife make out “a reasonably plain case of the existence of the marital relations. ” Brinkley v. Brinkley, 50 N. Y. 184.…
2Cases cited17 opinions
- Fenton v. ReedNew York Supreme Court · 1809
- Clayton v. . WardellNew York Court of Appeals · 1850
- Brinkley v. . BrinkleyNew York Court of Appeals · 1872
- Valton v. . the National Fund Life Assurance CompanyNew York Court of Appeals · 1859
- Goodwin v. Massachusetts Mutual Life InsuranceNew York Court of Appeals · 1878
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3Cited by2 opinions
- Bancroft v. BancroftCalifornia Court of Appeal · 1935
- Lau v. LauNew York Supreme Court · 1913