Silberstein v. Silberstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, G-erson Silberstein, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day of February, 1913, overruling the defendant’s demurrer to the complaint.
1Opinion of the Court
Laughlin, J.:
This is an action by a wife against her husband for separation on the ground of abandonment. The demurrer was interposed upon the ground that the complaint does not set forth a cause of action.
The time When this action was commenced is not definitely shown; but the summons bears date December 12, 1912, and it is to be presumed that it was not commenced before then. The plaintiff alleges that she brought another action in this court in the county of New York against the defendant for separation in the month of September, 1908, and that it was duly tried in February, 1910, and a…
2Cases cited6 opinions
- Williams v. . WilliamsNew York Court of Appeals · 1891
- Hawkins v. . HawkinsNew York Court of Appeals · 1908
- Benkert v. BenkertCalifornia Supreme Court · 1867
- Deisler v. DeislerAppellate Division of the Supreme Court of the State of New York · 1901
- People v. CrouseAppellate Division of the Supreme Court of the State of New York · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Reischfield v. ReischfieldNew York Supreme Court · 1917
- Mirizio v. MirizioAppellate Division of the Supreme Court of the State of New York · 1925
- Kamman v. KammanAppellate Division of the Supreme Court of the State of New York · 1915