Legal Opinion

Bruggemann v. Bruggemann

Appellate Division of the Supreme Court of the State of New York

Decided May 7, 1920PublishedCited by 3 opinions

Appeal by the defendant, August Bruggemann, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 22d day of March, 1920, requiring the defendant to pay to the plaintiff counsel fees and alimony during the pendency of the action.

1Opinion of the Court

Jenks, P. J.:

This action is limited divorce for cruel and inhuman treatment. The Special Term ordered temporary alimony of $40 a week and a counsel fee of $250.

When the plaintiff made this application she and her tender infant were living in her husband’s house, where her husband lived also. It is true that the.woman deposes that she had been ordered to “ Get out ” of her home, but she is not corroborated, and she does not specify either time or circumstance. If such an order was given, evidently she felt secure to disobey it. And for aught that appears her stay is voluntary and neither…

2Cases cited3 opinions

  1. Turner v. . WoolworthNew York Court of Appeals · 1917
  2. Gray v. . GrayNew York Court of Appeals · 1894
  3. Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by3 opinions

  1. Lampert v. LampertAppellate Division of the Supreme Court of the State of New York · 1944
  2. Baker v. BakerAppellate Division of the Supreme Court of the State of New York · 1962
  3. Skolnick v. SkolnickNew York Supreme Court · 1960

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