Livingston v. . Livingston
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 15, 1902, which reversed an order of Special Term modifying a judgment of divorce, previously entered, by reducing the amount of alimony to be paid by the defendant to the plaintiff. The facts, so far as material, are stated in the opinion. The order appealed from is reviewable by this court.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 15, 1902, which reversed an order of Special Term modifying a judgment of divorce, previously entered, by reducing the amount of alimony to be paid by the defendant to the plaintiff. The facts, so far as material, are stated in the opinion. The order appealed from is reviewable by this court. (Wetmore v. Wetmore, 162 N. Y. 503.) Section 1759, subdivision 2, of the Code of Civil Procedure, as amended by chapter 742 of the Laws of 1900, confers upon this court the power to grant…
1Opinion of the CourtGray, J.
This was an application by the defendant for an order modifying and varying the direction as to alimony, contained in a judgment which had dissolved the marriage of the parties. The application was granted and an order was made changing the provisions of the judgment of divorce, by reducing the amount of alimony ordered to be paid by the defendant to the plaintiff from four thousand dollars to three thousand dollars a year. This order was reversed by the Appellate Division and the motion for the modification of the judgment was denied ; whereupon the defendant appealed to this court.
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2Cases cited7 opinions
- Louisiana Ex Rel. Folsom v. Mayor and Administrators of New OrleansSupreme Court of the United States · 1883
- Gilman v. . TuckerNew York Court of Appeals · 1891
- Walker v. . WalkerNew York Court of Appeals · 1898
- Germania Savings Bank v. Village of Suspension BridgeNew York Court of Appeals · 1899
- Matter of Estate of EnsignNew York Court of Appeals · 1886
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3Cited by94 opinions
- Sistare v. SistareSupreme Court of the United States · 1910
- Wetmore v. MarkoeSupreme Court of the United States · 1904
- Lynn v. LynnNew York Court of Appeals · 1951
- Hodes v. AxelrodNew York Court of Appeals · 1987
- Estin v. EstinNew York Court of Appeals · 1947
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