Wetmore v. Wetmore
New York Supreme Court
Appeal from special term, New York county. Action by Annette B. Wetmore against Sarah Taylor Wetmore, individually and as trustee under the will of Samuel Wetmore, deceased, and others, to subject the income of the trust property to-the payment of alimony awarded to plaintiff in an action by her against William B. Wetmore. There was a judgment in favor of plaintiff (28 N. Y. Supp. 377), and defendants Sarah Taylor Wetmore and William B. Wetmore appeal.
1Opinion of the CourtBarrett, J.
This action is founded upon the judgment of this court awarding the plaintiff a divorce, by reason of her husband’s adultery. In this judgment, the husband (the present defendant, William B. Wetmore) was required, to quote the language of the Code, “to provide suitably for the education and maintenance of the children of the marriage, and for the support of the7’ plaintiff. Every remedy given to the plaintiff by the Code of Civil Procedure for the enforcement of these provisions has been exhausted. See Trust Co. v. Wetmore, 67 Hun, 9, 21 N. Y. Supp. 746. These remedies have proved unavailing,…
2Cases cited7 opinions
- Barber v. Barber Ex Rel. CronkhiteSupreme Court of the United States · 1859
- Romaine v. . ChaunceyNew York Court of Appeals · 1892
- Williams v. . ThornNew York Court of Appeals · 1877
- National Tradesmen's Bank v. WetmoreNew York Court of Appeals · 1891
- Tolles v. . WoodNew York Court of Appeals · 1885
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3Cited by3 opinions
- Moore v. MooreAppellate Division of the Supreme Court of the State of New York · 1911
- Hoagland v. LeaskAppellate Division of the Supreme Court of the State of New York · 1912
- Valentine v. Jno. Williams, Inc.New York Supreme Court · 1916