Jones v. . Brinsmade
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 11, 1905, which affirmed an order of Special Term granting an application for counsel fee and alimony in an action for the annulment of a marriage. •- The question certified is stated in the opinion.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 11, 1905, which affirmed an order of Special Term granting an application for counsel fee and alimony in an action for the annulment of a marriage. •- The question certified is stated in the opinion. The order appealed from is erroneous for the reasons that the court is without power to make the order and the plaintiff respondent is not entitled to the relief it grants her. (Bartlett v. Bartlett, Clarke’s Ch. 322 ; North v. North, 1 Barb. 241; Bloodgood v.…
1Opinion of the Court
The question presented by this appeal and certified by the court below is: "In an action brought by a wife against her husband to annul their marriage on the ground that the husband was insane at the time the marriage was contracted, has the Supreme Court jurisdiction and power to grant an application made by the plaintiff — the wife — that the defendant — the husband — be compelled to pay her alimony pendente lite and counsel fee and to make an order directing such payments to be made by defendant?" While neither the Revised Statutes nor the present Code authorize in express terms the court…
2Cases cited9 opinions
- Brinkley v. . BrinkleyNew York Court of Appeals · 1872
- Griffin v. . GriffinNew York Court of Appeals · 1872
- Higgins v. . SharpNew York Court of Appeals · 1900
- Collins v. . CollinsNew York Court of Appeals · 1877
- North v. NorthNew York Court of Chancery · 1845
4 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Gaines v. JacobsenNew York Court of Appeals · 1954
- Lake v. . LakeNew York Court of Appeals · 1909
- In Re the Judicial Settlement of the Accounts of Proceedings of GilbertNew York Court of Appeals · 1923
- Metcalfe v. TalarskiSupreme Court of Connecticut · 1989
- Callow v. ThomasMassachusetts Supreme Judicial Court · 1948
31 more not listed; retrieve them via the Exa API.