Legal Opinion

Weatherby v. Weatherby

New York Supreme Court

Decided October 16, 1941PublishedCited by 2 opinions

1Opinion of the CourtDiamond, J.

This is a motion by defendant for an order vácating and annulling a warrant of attachment obtained by plaintiff in the County Court of Chautauqua County and for an order dismissing the complaint. Several grounds are urged as will hereinafter appear.

The complaint in the action in which the attachment was obtained is rather unusual. In fact, it is, in newspaper parlance, a “ man bites dog ” story. The husband sues his wife for her alleged failure to live up to her promise to support him “ during his lifetime * * * and the natural life of the said defendant.” The distinction between the two…

2Cases cited3 opinions

  1. Manufacturers Trust Co. v. GrayNew York Court of Appeals · 1938
  2. Olsen v. United States Fidelity & Guaranty Co.New York Court of Appeals · 1920
  3. In re KohlerNew York Supreme Court · 1924

3Cited by2 opinions

  1. Rogers v. RogersNew York Supreme Court · 1957
  2. De Landa v. LucomCity of New York Municipal Court · 1955

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