McQuien v. McQuien
New York Court of Common Pleas
Ellen McQuien secured an absolute divorce from her husband Donald in 1879, in a suit in the court of common pleas, and was awarded about $1,000 a year alimony. She gave a receipt in full for $312 for the first year, in consideration, as defendant claims, of receiving the money in advance; but, as she insists, because' she was deceived by her counsel, Mr. Gibbs, her intention being to give a receipt only for the sum named on account.
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Ellen McQuien secured an absolute divorce from her husband Donald in 1879, in a suit in the court of common pleas, and was awarded about $1,000 a year alimony. She gave a receipt in full for $312 for the first year, in consideration, as defendant claims, of receiving the money in advance; but, as she insists, because' she was deceived by her counsel, Mr. Gibbs, her intention being to give a receipt only for the sum named on account. The following year but a small portion of the alimony was forthcoming, and plaintiff instituted proceedings to compel its payment, and also $688 arrears of the…
1Opinion of the CourtVan Hoesen, J.
Whilst the action is pending, and before judgment, the husband may be required to furnish money to enable the wife to pay the fees of the referee and take up the report (2 R. S., 148, sec. 58; Schloemer agt. Schloemer, 49 N. Y., 82; Code Civil Procedure, sec. 1769). But nowhere is power given to the court summarily to compel the husband, after judgment of divorce has been rendered, to furnish the wife with the means of carrying on a new litigation against him. If the husband does not pay the money which the judgment of divorce awards for the support of the wife, she may resort to the remedies…
2Cases cited1 opinion
- Schloemer v. . SchloemerNew York Court of Appeals · 1872
3Cited by4 opinions
- Corder v. SpeakeOregon Supreme Court · 1898
- Kellogg v. StoddardNew York Supreme Court · 1903
- Wright v. WrightNew York Supreme Court · 1931
- Beadleston v. BeadlestonNew York Supreme Court · 1886