Johnston v. Johnston
The Superior Court of New York City
Appeal from an order. This action was brought by Joanna Johnston against Robert John Johnston, her husband, to obtain a limited divorce. The plaintiff obtained a writ of ne exeat, which the judge who granted it subsequently set aside; and she now appealed to the court at general term.
1Opinion of the Court
By the Court.*—Bosworth, Ch. J.
This is an appeal by the plaintiff from an order made May 8, 1863, in this action, vacating and discharging a writ of ne exeat issued herein on the 5th of May, 1863.
The writ was granted, ex parte, on a petition of the plaintiff, which states the pendency of this action; that it is brought by the plaintiff to obtain a limited divorce; that an order" was made herein on the 8th of December, 1862, directing the defendant to pay to plaintiff, weekly, $10 as alimony pendente lite, which has been regularly and duly paid; and that defendant threatens, and is about to…
2Cases cited7 opinions
- Mitchell v. BunchNew York Court of Chancery · 1831
- Brown v. Haff & LyonNew York Court of Chancery · 1835
- Forrest v. ForrestNew York Supreme Court · 1850
- Bushnell v. BushnellNew York Supreme Court · 1853
- Fuller v. EmericThe Superior Court of New York City · 1849
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Dean v. SmithWisconsin Supreme Court · 1868
- Collins v. . CollinsNew York Court of Appeals · 1880