Morris v. Birmingham
Appellate Terms of the Supreme Court of New York
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
- Laumeier v. . LaumeierNew York Court of Appeals · 1924
- Bennett v. RobinsonMissouri Court of Appeals · 1914
- Manice v. RandolphAppellate Division of the Supreme Court of the State of New York · 1927
- Dumay v. DumayAppellate Division of the Supreme Court of the State of New York · 1926
3Cited by4 opinions
- Ebstein v. SaxenCity of New York Municipal Court · 1934
- Simon v. SimonAppellate Terms of the Supreme Court of New York · 1939
- Taffit v. TaffitAppellate Terms of the Supreme Court of New York · 1937
- Ogle v. OgleNew York Supreme Court · 1941