Collins v. . Collins
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, allowing the plaintiff alimony and $250 counsel fees.' This was an action for divorce a vinculo. The case, upon a former appeal, is reported in 71 N. Y., 269. The facts are sufficiently stated in the opinion.
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Appeal from an order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, allowing the plaintiff alimony and $250 counsel fees.' This was an action for divorce a vinculo. The case, upon a former appeal, is reported in 71 N. Y., 269. The facts are sufficiently stated in the opinion. As the marriage between the parties was directly put in issue, and no evidence of any value introduced to sustain plaintiff’s claim for alimony the application should have been denied, (Carpenter v. Carpenter, 19 How., 539; N. Y. and Harlem R. R. v. Mayor,…
1Opinion of the CourtRapallo, J.
On the former appeal in this action * the principal ground upon which the order granting alimony was reversed was, that the relation of husband and wife was neither admitted nor satisfactorily shown to exist between the plaintiff and defendant. It was also held that the want of any denial of the counter-charges, made against the plaintiff, in the defendant’s answer, was a good ground for. denying her application. The further objection that the agreement for a separation, whereby provision was made for the support of the plaintiff, was a bar to an application for alimony, ivas not passed upon.
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2Cases cited5 opinions
- Hunt v. . HuntNew York Court of Appeals · 1878
- The People v. . BakerNew York Court of Appeals · 1879
- Rose v. ClarkNew York Court of Chancery · 1841
- Rose v. RoseNew York Court of Chancery · 1844
- McCormick v. . PickeringNew York Court of Appeals · 1850
3Cited by52 opinions
- Bannon v. BannonNew York Court of Appeals · 1936
- Romaine v. . ChaunceyNew York Court of Appeals · 1892
- Lake v. . LakeNew York Court of Appeals · 1909
- Sullivan v. SullivanSupreme Court of Alabama · 1927
- Hiss v. HissSupreme Court of Connecticut · 1949
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