Walker v. . Walker
New York Court of Appeals
Appeal, by certification, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 21, 1897, affirming an order modifying a judgment for divorce entered February 11,1891, by increasing the amount of alimony directed to be paid to the plaintiff from four to eight dollars per week.
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Appeal, by certification, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 21, 1897, affirming an order modifying a judgment for divorce entered February 11,1891, by increasing the amount of alimony directed to be paid to the plaintiff from four to eight dollars per week. The judgment provided that the marriage between the parties be dissolved, and that the defendant pay to the plaintiff, as alimony for her support, the sum of four dollars a week from the twenty-ninth of November, 1890, during her natural life. The judgment…
1Opinion of the CourtMartin, J.
The courts of this state have no common-law jurisdiction over the subject of divorce, tlieir authority being confined to the exercise of such express and incidental power as is conferred upon them by statute. (Erkenbrach v. Erkenbrach, 96 N. Y. 456, 463; Washburn v. Catlin, 97 N. Y. 623.) Therefore, the power to make this order, if it existed, must be sought for in the statutes relating to the subject. As it stood when the judgment in this case was entered, the Code of Civil Procedure, the only statute then relating to the subject, provided that, where an action for divorce was brought by a…
2Cases cited9 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- Dash v. Van KleeckNew York Supreme Court · 1811
- Kamp v. . KampNew York Court of Appeals · 1874
- Romaine v. . ChaunceyNew York Court of Appeals · 1892
- Erkenbrach v. . ErkenbrachNew York Court of Appeals · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Wetmore v. MarkoeSupreme Court of the United States · 1904
- Caldwell v. CaldwellNew York Court of Appeals · 1948
- Wilson v. . HinmanNew York Court of Appeals · 1905
- Livingston v. . LivingstonNew York Court of Appeals · 1903
- Langerman v. LangermanNew York Court of Appeals · 1952
47 more not listed; retrieve them via the Exa API.