Moncrief v. Moncrief
New York Supreme Court
Appeal from an order. This was an action by Margaret Moncrief against John Mohcrief for a limited divorce. The cause was tried in December, 1860, at special term, where decision was reserved. The court at length dismissed the complaint, but without costs, and judgment was entered in favor of the defendant without costs, in February, 1861. On appeal, the judgment was affirmed, also without costs.
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Appeal from an order. This was an action by Margaret Moncrief against John Mohcrief for a limited divorce. The cause was tried in December, 1860, at special term, where decision was reserved. The court at length dismissed the complaint, but without costs, and judgment was entered in favor of the defendant without costs, in February, 1861. On appeal, the judgment was affirmed, also without costs. Shortly after the commencement of' the action, the court ordered the allowance of a counsel-fee and alimony at the rate of five dollars a week; the counsel-fee was paid, and also the alimony, till the…
1Opinion of the Court
By the Court.*—Ingraham, P. J.
The rule as to tne payment of alimony is that the same is to be paid up to the entry of the final judgment (Stanford a. Stanford, 1 Edw., 317), even if the decision at the trial should be adverse to the wife.
In the case of the appeal of the wife from such a judgment, the order for alimony does not continue, but a new application should be made if such alimony is desired.
The plaintiff admits payment to 22d December, 1860, and the final judgment was entered 4th February, 1861, a period of six weeks. This amount should be paid to the plaintiff.
The question of costs…
2Cases cited1 opinion
- Stanford v. StanfordNew York Court of Chancery · 1832
3Cited by4 opinions
- Wood v. WoodNew York Supreme Court · 1872
- Lynch v. MeyersNew York Court of Common Pleas · 1870
- Horn v. HornNew York Supreme Court · 1911
- Hammond v. HammondAppellate Division of the Supreme Court of the State of New York · 1939