Brinkley v. . Brinkley
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order made at Special Term, granting alimony to plaintiff during the pendency of the action and an allowance for expenses. The action was brought to obtain a limited divorce, with suitable maintenance, on the ground of abandonment by the defendant, and his neglect and refusal to furnish her support.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order made at Special Term, granting alimony to plaintiff during the pendency of the action and an allowance for expenses. The action was brought to obtain a limited divorce, with suitable maintenance, on the ground of abandonment by the defendant, and his neglect and refusal to furnish her support. The complaint alleges that the plaintiff, at the time of the commencement of the action, was an actual resident of the city of Hew York; that the parties were married on or about the 14th of…
1Opinion of the CourtFolger, J.
This case was before the court formerly on appeal from an order adjudging the defendant in contempt for not rendering obedience to the order awarding to the plaintiff alimony pendente lite, and money for the expenses of the suit from the property of the defendant. (See 47 N. Y., 40.) We then held that for the purposes of that appeal we must assume that the court below had power to make the order and had well used it. The appeal now is from the order itself, by which alimony and expenses were granted, and the power of the Special Term to make that order is directly in question., This is an…
2Cases cited9 opinions
- Brinkley v. . BrinkleyNew York Court of Appeals · 1871
- Griffin v. . GriffinNew York Court of Appeals · 1872
- O'Gara v. . EisenlohrNew York Court of Appeals · 1868
- Wood v. WoodNew York Court of Chancery · 1830
- Rose v. ClarkNew York Court of Chancery · 1841
4 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Sharon v. SharonCalifornia Supreme Court · 1888
- Bannon v. BannonNew York Court of Appeals · 1936
- Colbert v. ColbertCalifornia Supreme Court · 1946
- White v. WhiteCalifornia Supreme Court · 1890
- Webb v. . BuckelewNew York Court of Appeals · 1880
66 more not listed; retrieve them via the Exa API.