Legal Opinion

Schiller v. Schiller

New York Supreme Court

Decided January 7, 1949Published

1Opinion of the Court

Hallínan, J.

A judgment of separation was entered in the plaintiff’s favor against the defendant on May 12, 1947. Plaintiff now moves pursuant to section 1171-b of the Civil Practice Act, for leave to enter a money judgment for the arrears of alimony, which the judgment of separation directed the defendant to pay. The latter, appearing specially, not only attacks the judgment of separation as a whole, upon jurisdictional grounds, but challenges the provision therein for the payment of alimony, contending that he was a nonresident at the time of the service of process upon him outside the…

2Cases cited6 opinions

  1. Geary v. GearyNew York Court of Appeals · 1936
  2. MacAffer v. Boston & Maine RailroadNew York Court of Appeals · 1935
  3. Odiens v. OdiensAppellate Division of the Supreme Court of the State of New York · 1943
  4. Ellsworth v. EllsworthNew York Supreme Court · 1947
  5. Carnegie v. CarnegieAppellate Division of the Supreme Court of the State of New York · 1948

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