Wetmore v. Markoe
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF NEW YORK. On June 12, 1890, an action for divorce and alimony was begun -by Annette B. W. Wetmore, wife of the plaintiff in error, in the Supreme Court of the State of New York, and on April 1, 1892, at special term, the plaintiff in error was found guilty of adultery as charged in the complaint, and a divorce was granted upon that ground to the defendant in error.
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ERROR TO THE SUPREME COURT OF THE STATE OF NEW YORK. On June 12, 1890, an action for divorce and alimony was begun -by Annette B. W. Wetmore, wife of the plaintiff in error, in the Supreme Court of the State of New York, and on April 1, 1892, at special term, the plaintiff in error was found guilty of adultery as charged in the complaint, and a divorce was granted upon that ground to the defendant in error. The divorce was absolute, and awarded to the wife the custody and care of the three minor children of the marriage, and also, as alimony, the sum of $3,000 per annum so long as she should…
1Opinion of the CourtJustice Day
It is conceded in argument by counsel for the plaintiff in error that this case would be within the decision of this court in Audubon v. Shufeldt, 181 U. S. 575, if the judgment for alimony had been rendered in a court having control over the decree with power to amend or alter the same. It is insisted, however, that there being in this case no reservation of the right to change or modify the decree, it has become an absolute judgment beyond the power of the court to alter or amend, and is therefore discharged by the bankruptcy proceedings. Walker v. Walker, 155 N. Y. 77; Livingtson v.…
2Cases cited11 opinions
- United States v. FreemanSupreme Court of the United States · 1845
- Lynde v. LyndeSupreme Court of the United States · 1901
- Audubon v. ShufeldtSupreme Court of the United States · 1901
- Dunbar v. DunbarSupreme Court of the United States · 1903
- Boynton v. BallSupreme Court of the United States · 1887
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3Cited by284 opinions
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- Hisquierdo v. HisquierdoSupreme Court of the United States · 1979
- Kokoszka v. BelfordSupreme Court of the United States · 1974
- Heiser v. WoodruffSupreme Court of the United States · 1946
- Williams v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
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