Simmons v. Simmons
The Superior Court of New York City
Motion to extend and enlarge an injunction pendente lite. In this suit, by a wife against her husband, for a divorce, a vinculo,the complaint, after setting up the facts constituting the principal subject matter of the action, alleges that the defendant is the owner of certain real estate in this city, of great value, which the plaintiff has reason to believe, and fears, he will, unless restrained, dispose of before final judgment, for the purpose of avoiding the payment of…
Read the full summary
Motion to extend and enlarge an injunction pendente lite. In this suit, by a wife against her husband, for a divorce, a vinculo,the complaint, after setting up the facts constituting the principal subject matter of the action, alleges that the defendant is the owner of certain real estate in this city, of great value, which the plaintiff has reason to believe, and fears, he will, unless restrained, dispose of before final judgment, for the purpose of avoiding the payment of such alimony as may be awarded, and prays for an injunction requiring the defendant to abstain from selling or disposing…
1Opinion of the CourtBarbour, J.
There is no pretense in the moving papers that the defendant’s real estate which is covered by the injunction will not be amply sufficient to secure the payment of such alimony as may be, by final decree, awarded to the plaintiff. It must be assumed, therefore, that such real estate alone is quite sufficient for the security of the plaintiff during the litigation, and that by the final judgment, or otherwise, such property will, if necessary, be charged in such manner as the court may deem fit, for the payment of such alimony as shall be awarded, as was done here in the case of Forrest v.…
2Cases cited2 opinions
- Lawrence v. LawrenceNew York Court of Chancery · 1831
- Germond v. GermondNew York Court of Chancery · 1834