Everett v. . Everett
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department., entered January 7, 1904, affirming a judgment in favor of plaintiff entered upon a decision of the court on tidal at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The Appellate Division disposed of the appeal upon an erroneous theory of the action. First.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department., entered January 7, 1904, affirming a judgment in favor of plaintiff entered upon a decision of the court on tidal at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The Appellate Division disposed of the appeal upon an erroneous theory of the action. First. By affirming the judgment they have given the plaintiff the entire ultimate relief which she claimed, while avowedly refusing in their opinion to consider whether either upon the…
1Concurrence
I favor reversal of the judgment and new trial in this action and concur to that extent with the opinion of O'BRIEN, J., except in one particular. I do not think that the Massachusetts judgment, so called, is res adjudicata of the issues involved in this action. In that case the plaintiff had petitioned the Probate Court of the county of Suffolk, in the commonwealth of Massachusetts, to compel the defendant, whom she alleged to be her husband, to make provision for her support. In answer thereto the defendant denied that he was her husband, and set up the decree of divorce obtained in this…
2Cases cited2 opinions
- Kerr v. . KerrNew York Court of Appeals · 1869
- Everett v. EverettAppellate Division of the Supreme Court of the State of New York · 1902