Romaine v. . Chauncey
New York Court of Appeals
Appeal from an interlocutory judgment of tlie General Term of the Supreme Court in the first judicial department, entered upon an order made June 26, 1891, which reversed an interlocutory judgment entered upon an order of Special Term, which overruled demurrers to the-amended complaint in the above-entitled action, and directed final judgment in favor of defendants, unless an appeal was taken in sixty days.
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Appeal from an interlocutory judgment of tlie General Term of the Supreme Court in the first judicial department, entered upon an order made June 26, 1891, which reversed an interlocutory judgment entered upon an order of Special Term, which overruled demurrers to the-amended complaint in the above-entitled action, and directed final judgment in favor of defendants, unless an appeal was taken in sixty days. This action was brought by plaintiff, who was appointed receiver of the defendant Maria L. Chauncey in supplementary proceedings, to discover and apply assets alleged to be in the hands of…
1Opinion of the CourtFinch, J.
This case presents an interesting question which we are called upon for the first time to decide. There are no direct and conclusive precedents to be followed; no explicit and specific statutes coming with an appropriate direction; but only a broad general rule on the one side and a just and strong necessity for an exception to it on the other. The question is, whether alimony, awarded to an innocent wife by a court of equity as incidental to a decree of divorce in her favor, can be appropriated by her creditor to the discharge of a debt contracted by her and actually subsisting prior to the…
2Cases cited10 opinions
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- Erkenbrach v. . ErkenbrachNew York Court of Appeals · 1884
- Collins v. . CollinsNew York Court of Appeals · 1880
- Wallingsford v. WallingsfordCourt of Appeals of Maryland · 1825
- Jordan v. WestermanMichigan Supreme Court · 1886
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3Cited by104 opinions
- Wetmore v. MarkoeSupreme Court of the United States · 1904
- Audubon v. ShufeldtSupreme Court of the United States · 1901
- Wetmore v. . WetmoreNew York Court of Appeals · 1896
- Wilson v. . HinmanNew York Court of Appeals · 1905
- Turner v. . WoolworthNew York Court of Appeals · 1917
99 more not listed; retrieve them via the Exa API.