Thurston v. Thurston
New York Supreme Court
Action for divorce by one Thurston against one Thurston. On motions to direct payment of arrears of temporary alimony and for counsel fees and disbursements on appeal.
1Opinion of the CourtGiegerich, J.
[1] So far as the motion to direct payment of the arrears of temporary alimony is concerned, it must be denied, because such order was superseded by the final judgment, which in this case denied relief to both parties because each of them was found guilty of adultery. Wood v. Wood, 7 Lans. 204; 14 Cyc. 760; 3 Enc. L. & P. 138, 139.
[2] The other branch of the motion, for a counsel fee • and disbursements upon the appeal taken by the plaintiff, must be denied, in consequence of the granting of the motion to modify the final judgment by striking out the provisions for the payment by the…
2Cases cited2 opinions
- Wood v. WoodNew York Supreme Court · 1872
- Smith v. EvansNew York City Court · 1876
3Cited by2 opinions
- Averett v. AverettCity of New York Municipal Court · 1920
- Dietz v. DietzNew York Supreme Court · 1912