Silberstein v. . Silberstein
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 2,1913, which reversed an order of Special Term overruling a demurrer to the complaint and sustained such demurrer. The following question was certified: “Does the com, plaint state facts sufficient to constitute a cause of action ? ” The facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 2,1913, which reversed an order of Special Term overruling a demurrer to the complaint and sustained such demurrer. The following question was certified: “Does the com, plaint state facts sufficient to constitute a cause of action ? ” The facts, so far as material, are stated in the opinion. The judgment of dismissal in the former action is no bar to the plaintiff’s right of recovery in a new action, if, after the judgment in the former action, she offered to…
1Opinion of the CourtCardozo, J.
The case is here on a demurrer to a complaint. The plaintiff sues for a separation from her husband. She alleges that she sued him once before, and failed. After the dismissal of that action, she asked him to take her back, but he refused to live with her or contribute to her support. We are to determine the effect of the former judgment.
The plaintiff makes the decision in the first action apart of her complaint. It is there found in substance that the defendant did not treat the plaintiff cruelly, that he did not abandon her, and that he did not neglect to provide for her. Those findings…
2Cases cited11 opinions
- Rudd v. . CornellNew York Court of Appeals · 1902
- House v. . LockwoodNew York Court of Appeals · 1893
- Williams v. . WilliamsNew York Court of Appeals · 1891
- Stannard v. . HubbellNew York Court of Appeals · 1890
- Campbell v. . ConsalusNew York Court of Appeals · 1862
6 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- Willis v. WillisWyoming Supreme Court · 1935
- Paulos v. JanetakosNew Mexico Supreme Court · 1942
- Bohmert v. BohmertNew York Court of Appeals · 1926
- Wilder v. ThomasCourt of Appeals for the Second Circuit · 1988
48 more not listed; retrieve them via the Exa API.