Livingston v. Livingston
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary W. Livingston, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of May, 1901, appointing a referee to take proof of the present circumstances of the parties to the action and to report the same to the court with opinion.
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Appeal by the plaintiff, Mary W. Livingston, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of May, 1901, appointing a referee to take proof of the present circumstances of the parties to the action and to report the same to the court with opinion. On the twenty-eighth day of April, 1892, a final judgment of divorce was entered herein in favor of plaintiff, and awarding her. the custody of two children, the issue of the marriage, and requiring defendant to pay her the sum of $4,000 per…
1Opinion of the Court
Laughlin, J.:
It is sought by this appeal to have the court pass upon the constitutionality of the amendment to section 1759 of the Code of Civil Procedure, by which the Legislature has authorized the courts upon notice and proof, to vary or modify the direction contained in a final judgment of divorce theretofore rendered with respect to the payment required to be made by the husband for the support and maintenance of his wife and children. The order is interlocutory and we decline to pass upon this constitutional question at the present time. (People ex rel. Trowbridge v. McNamara, 18 App.…
2Cases cited1 opinion
- People ex rel. Trowbridge v. McNamaraAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Livingston v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1901