Legal Opinion

Wade v. Wade

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1916PublishedCited by 5 opinions

Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 13th day of March, 1916, denying a motion for alimony and counsel fees.

1Per curiam

This action is brought for a separation. The court at Special Term denied the plaintiff’s application for alimony and counsel tees pendente lite on the ground that the court had no jurisdiction of the action. The application was decided on the pleadings and the affidavits submitted by both parties. These papers raised an issue as to the residence of the parties, upon which depended jurisdiction under section 1763, subdivision 3, of the Code of Civil Procedure. This important and vital question should not be determined upon affidavits, but rather at the trial. It has been held by this court…

2Cases cited1 opinion

  1. Barber v. BarberAppellate Division of the Supreme Court of the State of New York · 1910

3Cited by5 opinions

  1. Smart v. SmartNew York Supreme Court · 1931
  2. Goodovitch v. ReissNew York Supreme Court · 1927
  3. Pochna v. PochnaNew York Supreme Court · 1959
  4. Daspin v. DaspinAppellate Division of the Supreme Court of the State of New York · 1953
  5. Zatarga v. ZatargaNew York Supreme Court · 1949

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