Lachenmeyer v. Lachenmeyer
New York Supreme Court
Appeal by Albert Day from an order denying a motion for leave to issue an execution for the collection of costs and disbursements allowed to be recovered under the decision of the court of appeals.
1Opinion of the CourtDaniels, J.
— The action was prosecuted by the plaintiff against the defendant, as her husband, for a separation. She died on the 23d day of June, 1882, and as that event preceded any trial of the action, it necessarily brought it to an end. But, while it was pending, the defendant moved to vacate an order upon which he had been arrested in the action. This motion was denied, and on appeal to the general term the order was affirmed, and a further appeal from the last order to the court of appeals was dismissed, with costs. The remittitur upon the decision of the court of appeals was received by the…
Also in this document: Concurrence.
2Cases cited1 opinion
- Marshall v. . MeechNew York Court of Appeals · 1872
3Cited by5 opinions
- Millady v. SteinAppellate Terms of the Supreme Court of New York · 1897
- Branth v. BranthNew York Supreme Court · 1890
- In re Application of HavemeyerAppellate Division of the Supreme Court of the State of New York · 1898
- Kellogg v. StoddardNew York Supreme Court · 1903
- Peetsch v. QuinnCity of New York Municipal Court · 1893