Legal Opinion

Mitchell v. Mitchell

New York Supreme Court

Decided January 3, 1949PublishedCited by 8 opinions

1Opinion of the CourtBenvenga, J.

Motion by plaintiff wife for leave to enter judgment for arrears in payment of alimony under a decree of divorce rendered by a Mexican court upon the personal appearance of plaintiff and the appearance of defendant by an attorney.

The question presented is whether, under section 1171-b of the Civil Practice Act (added by L. 1939, ch. 431, as amd.), the plaintiff is entitled to the relief demanded. So far as pertinent, the section reads: “ Where the husband, in an action for divorce, * * * makes default in paying any sum of money as required by the judgment or order directing the payment…

2Cases cited17 opinions

  1. Woollcott v. . ShubertNew York Court of Appeals · 1916
  2. Lynde v. . LyndeNew York Court of Appeals · 1900
  3. Gould v. . GouldNew York Court of Appeals · 1923
  4. Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1939
  5. Lynde v. LyndeAppellate Division of the Supreme Court of the State of New York · 1899

12 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Sackler v. SacklerSupreme Court of Florida · 1950
  2. Rosenstiel v. RosenstielNew York Court of Appeals · 1965
  3. Laff v. LaffNew York Supreme Court · 1957
  4. In re the Estate of LittauerAppellate Division of the Supreme Court of the State of New York · 1954
  5. Greene v. GreeneNew York Supreme Court · 1961

3 more not listed; retrieve them via the Exa API.

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