Miller v. Miller
New York Supreme Court
Motion to dissolve injunction. Mrs. Miller brought this action in the supreme court against her former husband, and F. Gr. Smedley, H. E. Crampton, and Charles H. Miller, executors and trustees, under the will of J. Miller, deceased, to reach the surplus of income arising under a testamentary trust for her said former husband, and apply it to pay a judgment for alimony.
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Motion to dissolve injunction. Mrs. Miller brought this action in the supreme court against her former husband, and F. Gr. Smedley, H. E. Crampton, and Charles H. Miller, executors and trustees, under the will of J. Miller, deceased, to reach the surplus of income arising under a testamentary trust for her said former husband, and apply it to pay a judgment for alimony. The complaint alleged the divorce by a judgment of the N. Y. common pleas, and the award to her of the custody of the two children of the marriage; and the allowance to her by the judgment, of three thousand dollars per annum…
1Opinion of the CourtBarrett, J.
In the previous action between these parties, the general term sustained the order refusing the injunction, † upon the ground that an execution had not been returned unsatisfied, on the judgment for alimony in the court of common pleas. That defect having been remedied, the plaintiff again applies for an injunction.
The case, as now presented, is distinguishable from *37Campbell v. Foster (35 N. Y. 361), in that it is not instituted by a receiver appointed in supplementary proceedings, but by a judgment creditor who, following Judge Weight’s intimation in the case cited, now makes the direct…
2Cases cited3 opinions
- Graff v. . BonnettNew York Court of Appeals · 1865
- Campbell v. . FosterNew York Court of Appeals · 1866
- Payne v. SheldonNew York Supreme Court · 1872
3Cited by3 opinions
- Wetmore v. . WetmoreNew York Court of Appeals · 1896
- Tolles v. WoodNew York Court of Appeals · 1885
- Wetmore v. WetmoreNew York Supreme Court · 1894