Dailey v. Dailey
New York Supreme Court
Motion that a certain amount of alimony received by the plaintiff upon a judgment of separation entered without application to the court, and subsequently vacated, should be regarded in full of alimony to be chargeable to the defendant, and for other relief.
1Opinion of the CourtWard, J.
The parties to this action are husband and wife. In December, 1888, the plaintiff commenced this action by the service of - a summons and complaint upon the defendant, *512alleging the marriage of the parties; that they had three minor children ; that they resided in the state of Hew York, and that prior to the commencement of the action the defendant had injured, abused and outraged the plaintiff, setting forth facts entitling her, if proved, to a separation from bed and board from the defendant. The defendant answered the said complaint, admitting the marriage but denying substantially and…
2Cases cited3 opinions
- Daggett v. DaggettNew York Court of Chancery · 1835
- Peugnet v. PhelpsNew York Supreme Court · 1867
- Blott v. RiderNew York Supreme Court · 1873