Legal Opinion

Morris v. Birmingham

Appellate Terms of the Supreme Court of New York

Decided February 10, 1932PublishedCited by 4 opinions

1Opinion of the CourtCallahan, J.

The main ground urged for dismissal is that there is an existing judgment by a court of competent jurisdiction determining the merits of the present controversy and that the Municipal Court had no jurisdiction of the subject-matter of the action.

Plaintiff and defendant were formerly husband and wife. There are two children of the marriage who are minors. On October 14 1930, plaintiff obtained a divorce from defendant in the State of Nevada, the defendant appearing in the action in said State. Prior to the entry of the decree in Nevada the parties had signed a separation agreement whereby the…

2Cases cited4 opinions

  1. Laumeier v. . LaumeierNew York Court of Appeals · 1924
  2. Bennett v. RobinsonMissouri Court of Appeals · 1914
  3. Manice v. RandolphAppellate Division of the Supreme Court of the State of New York · 1927
  4. Dumay v. DumayAppellate Division of the Supreme Court of the State of New York · 1926

3Cited by4 opinions

  1. Ebstein v. SaxenCity of New York Municipal Court · 1934
  2. Simon v. SimonAppellate Terms of the Supreme Court of New York · 1939
  3. Taffit v. TaffitAppellate Terms of the Supreme Court of New York · 1937
  4. Ogle v. OgleNew York Supreme Court · 1941

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