Legal Opinion

Maney v. Maney

Appellate Division of the Supreme Court of the State of New York

Decided May 8, 1907PublishedCited by 6 opinions

Appeal by the defendant, George W. Maney, from so much of an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Sullivan on the 14th day of April, 1906, upon the decision of the court rendered at the Orange' Special Term, a special verdict, having been rendered by a jury after a trial at the-Sullivan Trial Term, as directs-the payment of alimony by the defendant and requires him to give security…

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Appeal by the defendant, George W. Maney, from so much of an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Sullivan on the 14th day of April, 1906, upon the decision of the court rendered at the Orange' Special Term, a special verdict, having been rendered by a jury after a trial at the-Sullivan Trial Term, as directs-the payment of alimony by the defendant and requires him to give security therefor. The action is for an absolute divorce'. After- a verdict in favor of the plaintiff upon specific questions submitted…

1Opinion of the Court

Chester, J.:

It appears very clearly by the affidavits before the court upon the . .application for'the interlocutory judgment-that at the time of the execution of the separation agreement between the plaintiff and ■ defendant they were «living together as, husband- and wife,, and that after' the execution of such agreement and pursuant- to «the terms thereof, they separated and have ever since lived apart from each other. "The agreement was made • without the intervention of a trustee. • Mo reason is given for the separation in the agreement,, except a statement therein that differences have…

2Cases cited2 opinions

  1. Poillon v. PoillonAppellate Division of the Supreme Court of the State of New York · 1900
  2. Whitney v. WhitneyAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by6 opinions

  1. Winter v. . WinterNew York Court of Appeals · 1908
  2. Richards v. RichardsMassachusetts Supreme Judicial Court · 1930
  3. Lake v. LakeAppellate Division of the Supreme Court of the State of New York · 1909
  4. Marks v. MarksAppellate Terms of the Supreme Court of New York · 1926
  5. Ehrenzweig v. EhrenzweigNew York Supreme Court · 1976

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