Legal Opinion

Branth v. Branth

New York Supreme Court

Decided July 18, 1890PublishedCited by 2 opinions

Appeal from special term, New York county. Action for separation by Theresa Branth against John H. Branth. A decree was given awarding plaintiff alimony, costs, and attorneys’ fees, and defendant induced plaintiff to execute a satisfaction of the decree; From an order setting aside such satisfaction, vacating an order which vacated a warrant of commitment of defendant for refusal to obey the decree, and permitting plaintiff’s attorneys, Langbein Bros. & Langbein, to issue…

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Appeal from special term, New York county. Action for separation by Theresa Branth against John H. Branth. A decree was given awarding plaintiff alimony, costs, and attorneys’ fees, and defendant induced plaintiff to execute a satisfaction of the decree; From an order setting aside such satisfaction, vacating an order which vacated a warrant of commitment of defendant for refusal to obey the decree, and permitting plaintiff’s attorneys, Langbein Bros. & Langbein, to issue execution on the decree, defendant appeals.

1Opinion of the CourtBrady, J.

A detailed statement of the facts and incidents of this action, if necessary, would show efforts on the part of the deféndant to escape the consequences of his failure to do what he was required to do, and, among others, a flight to avoid the service of process by which he was prevented from bringing on an appeal prosecuted by him. The serious charge against him now is, however, the settlement made with the plaintiff, and by which her attorneys were to be deprived of their rights, secured by the orders of this court and its decree. The defendant was advised of the attorneys’ lien by verbal…

Also in this document: Concurrence.

2Cases cited1 opinion

  1. Lachenmeyer v. LachenmeyerNew York Supreme Court · 1883

3Cited by2 opinions

  1. Hilleary v. HillearyMissouri Court of Appeals · 1915
  2. In re DanglerAppellate Division of the Supreme Court of the State of New York · 1920

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