Surut v. Surut
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry Surut, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 8th day of March, 1920, directing the sequestration of the property of the defendant for failure to pay alimony pendente lite, and appointing a receiver of the same.
1Opinion of the Court
Greenbaum, J.:
The action is for separation and has not yet been tried. The undisputed facts are as follows: On June 27, 1919, the Special Term made an order awarding $350 monthly alimony and $500 counsel fee. Upon appeal to this court the order was modified on October 17, 1919, by reducing the alimony to $200 monthly. (189 App. Div. 890.) Defendant paid $350 monthly under the original order, but upon the modification thereof by this court he ceased to pay alimony, claiming that he was entitled to restitution of the excess of $150 monthly theretofore paid by him under the first order.
*571In other…
2Cases cited5 opinions
- Wetmore v. MarkoeSupreme Court of the United States · 1904
- Romaine v. . ChaunceyNew York Court of Appeals · 1892
- Galusha v. . GalushaNew York Court of Appeals · 1893
- Winter v. . WinterNew York Court of Appeals · 1908
- Hungerford v. . HungerfordNew York Court of Appeals · 1900
3Cited by12 opinions
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- State ex rel. Tolls v. TollsOregon Supreme Court · 1938
- Lucci v. LucciAppellate Division of the Supreme Court of the State of New York · 1996
- Klein v. KleinAppellate Division of the Supreme Court of the State of New York · 1977
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