Kellogg v. Stoddard
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, George A. Stoddard and another, as executors, etc., of Addison Stoddard, deceased, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Jefferson on the 14th day of April, 1903, upon an order made at the Jefferson Special Term and entered in said clerk’s office on the 4th day of March, 1903, overruling the defendants’ demurrer to the complaint, and also from such intermediate order…
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Appeal by the defendants, George A. Stoddard and another, as executors, etc., of Addison Stoddard, deceased, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Jefferson on the 14th day of April, 1903, upon an order made at the Jefferson Special Term and entered in said clerk’s office on the 4th day of March, 1903, overruling the defendants’ demurrer to the complaint, and also from such intermediate order upon which the final judgment was entered. Harriet Stoddard commenced an action in the Supreme Court for a judgment of…
1Opinion of the Court
Spring, J.;
The only authority, for granting an order like the one which is the basis for the plaintiff’s claim is section 1769 of the Code of Civil Procedure. (Poillon v. Poillon, 75 App. Div. 536.) That section permits, among other things, the court , in its discretion during the pendency of the action to make an order “ requiring the husband, *139to pay any sum or sums of money necessary to enable the wife to carry on or defend the action.”
This, is therefore, a provisional remedy dependent upon the pendency of the action, and as the action abates with the death of the husband its termination…
2Cases cited6 opinions
- Beadleston v. . BeadlestonNew York Court of Appeals · 1886
- Naumer v. GrayAppellate Division of the Supreme Court of the State of New York · 1898
- In re ThrallAppellate Division of the Supreme Court of the State of New York · 1896
- Johns v. JohnsAppellate Division of the Supreme Court of the State of New York · 1899
- Poillon v. PoillonAppellate Division of the Supreme Court of the State of New York · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Mittman v. MittmanAppellate Division of the Supreme Court of the State of New York · 1942
- Bailey v. BaileyNorth Dakota Supreme Court · 1912
- Doench v. DoenchIndiana Supreme Court · 1938
- Wiley v. WileyCalifornia Court of Appeal · 1960
- Flynn v. FlynnAppellate Division of the Supreme Court of the State of New York · 1987
6 more not listed; retrieve them via the Exa API.