Turtle v. Turtle
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Laura E. Turtle, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of JSTew York on the 28th day of April, 1898, denying the plaintiff’s motion for alimony and counsel fee. The action was brought for an absolute divorce upon the ground of the defendant’s adultery.
1Opinion of the Court
Rumsey, J.:
This motion might well have been denied upon the insufficiency of the moving papers. There is no evidence of the amount of property, or the income of the defendant, except the statements contained in the affidavit of the plaintiff. Those statements are contradicted and explained by the affidavit of the defendant, so that, even if the affidavit of the plaintiff were to be considered, there was not enough evidence to enable the court in deciding the motion to fix the amount of alimony. But the affidavit of the plaintiff was not properly certified to permit it to be read. Section 844…
2Cited by9 opinions
- Hawkins v. PakasAppellate Division of the Supreme Court of the State of New York · 1899
- Levy v. LevyNew York Supreme Court · 1899
- Rogers v. RogersAppellate Division of the Supreme Court of the State of New York · 1900
- Isman v. WayburnCity of New York Municipal Court · 1907
- Isman v. WayburnNew York City Court · 1907
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