Higgins v. . Sharp
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, made April 14, 1900, affirming an order of Special Term awarding to defendant a counsel fee and alimony pendente lite. The nature of the proceeding, the question certified and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, made April 14, 1900, affirming an order of Special Term awarding to defendant a counsel fee and alimony pendente lite. The nature of the proceeding, the question certified and the facts, so far as material, are stated in the opinion. No authority is to be found in the statutes of this state justifying the court in an action for annulment of a marriage awarding alimony and counsel fees pendente lite. (Code Civ. Pro. § 1769.) The court has no inherent power to award alimony and…
1Opinion of the CourtO’Brien, J.
The order from which this appeal was taken awarded to the defendant counsel fee and a weekly allowance as alimony during the pendency of the action. The action was brought by the plaintiff to annul a ceremonial marriage with the defendant, entered into in this state on the 19th day of June, 1894.
It appears from the pleadings and papers used upon the application in which the order was made that the defendant was married in the state of Ohio in December, 1888, to one Frederick H. Sharp; that in 1891 she instituted an action against him in the Court of Common Pleas of that state for an absolute…
2Cases cited4 opinions
- Brinkley v. . BrinkleyNew York Court of Appeals · 1872
- Griffin v. . GriffinNew York Court of Appeals · 1872
- O'Dea v. . O'DeaNew York Court of Appeals · 1885
- North v. NorthNew York Court of Chancery · 1845
3Cited by43 opinions
- Johnson v. . JohnsonNew York Court of Appeals · 1912
- Hunt v. HuntSupreme Court of Oklahoma · 1909
- H.M. v. E.T.New York Court of Appeals · 2010
- Jones v. . BrinsmadeNew York Court of Appeals · 1905
- Willits v. WillitsNebraska Supreme Court · 1906
38 more not listed; retrieve them via the Exa API.