Legal Opinion

Forbes v. Galway

District Court, S.D. New York

Decided April 5, 1967No. 66 Civ. 3967PublishedCited by 1 opinion

1Opinion of the Court

MANSFIELD, District Judge.

This is a diversity action brought by a former wife against her divorced husband’s executor to recover overdue payments of alimony allegedly amounting to $36,200, plus interest, under a New Jersey divorce decree of 1949. The defendant has moved to dismiss the complaint on three grounds: (1) failure to state a claim upon which relief can be granted; (2) failure of the defendant to be designated as executor by a court of competent jurisdiction; and (3) lack of federal jurisdiction, based on the contention that application of a one-year statute of limitations would…

2Cases cited21 opinions

  1. In Re BurrusSupreme Court of the United States · 1890
  2. Sistare v. SistareSupreme Court of the United States · 1910
  3. Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1939
  4. Federbush v. FederbushNew Jersey Superior Court Appellate Division · 1949
  5. Slep v. SlepNew Jersey Superior Court Appellate Division · 1957

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3Cited by1 opinion

  1. Mollie B. v. Maurice B.New York City Family Court · 1973

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