Sistare v. Sistare
Supreme Court of Connecticut
Action to recover upon a New York decree granting "periodical payments for future maintenance, brought to the Superior Court in New London County where a demurrer to the complaint was overruled (Shumway, J.j, and the cause was afterward tried to the court, Thayer, J.; facts found and judgment rendered for the plaintiff to recover f5,805, and appeal by the defendant.
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Action to recover upon a New York decree granting "periodical payments for future maintenance, brought to the Superior Court in New London County where a demurrer to the complaint was overruled (Shumway, J.j, and the cause was afterward tried to the court, Thayer, J.; facts found and judgment rendered for the plaintiff to recover f5,805, and appeal by the defendant. In 1899 the plaintiff was by the courts of New York granted a separation from the defendant, her husband, and awarded the custody of their minor son. By the judgment it was further ordered, adjudged and decreed that the defendant,…
1Opinion of the CourtPrentice, J.
The nature, operation and effect, within the State of New York, of orders like that in question, directing payments in futuro to a wife by a husband living in judicial separation, and passed in 1899 pursuant to the then provisions of statute, have been well settled by the repeated decisions of the courts of that jurisdiction. They have been declared to be tentative provisions which remain at all times within the control of the court issuing them and subject at any time to modification or annulment. To njes v. Tonjes, 14 App. Div. (N. Y.) 542, 43 N. Y. Supp. 941. The right of modification or…
2Cases cited17 opinions
- Lynde v. LyndeSupreme Court of the United States · 1901
- Wetmore v. . WetmoreNew York Court of Appeals · 1896
- Erkenbrach v. . ErkenbrachNew York Court of Appeals · 1884
- Lynde v. . LyndeNew York Court of Appeals · 1900
- Livingston v. . LivingstonNew York Court of Appeals · 1903
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3Cited by15 opinions
- German v. GermanSupreme Court of Connecticut · 1936
- Snow v. SnowSupreme Court of Louisiana · 1937
- Simonton v. SimontonIdaho Supreme Court · 1920
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1939
- Freund v. BurnsSupreme Court of Connecticut · 1944
10 more not listed; retrieve them via the Exa API.