Patton v. Patton
New York Supreme Court
Appeal by the defendant from an interlocutory judgment of the City Court of the city of Hew York overruling a demurrer to the complaint.
1Opinion of the CourtBijur, J.
This action is brought to recover unpaid alimony, accrued since April 1, 1908, under a decree of absolute divorce entered on May 15, 1907, in the Supreme Court of the District of ■ Columbia. The decree is absolute in form, and the complaint makes no reference to any law of the District of Columbia relative to the power of the court to modify a decree of this character.
A demurrer on the ground that the complaint does not state facts sufficient to constitute a cause of action was overruled.
In support of the demurrer, it is urged that a decree for alimony to accrue after entry of a decree, i.…
2Cases cited5 opinions
- Lynde v. . LyndeNew York Court of Appeals · 1900
- Livingston v. . LivingstonNew York Court of Appeals · 1903
- Vanderpoel v. . GormanNew York Court of Appeals · 1894
- Walker v. . WalkerNew York Court of Appeals · 1898
- Lewinsohn v. Kent & Stanley Co.New York Supreme Court · 1895
3Cited by3 opinions
- De Rousse v. WilliamsSupreme Court of Iowa · 1917
- Hodges v. HodgesNew Mexico Supreme Court · 1916
- In re the Estate of AltmannNew York Surrogate's Court · 1933