Wood v. Wood
New York Supreme Court
This was an appeal from an order at Special Term, directing the plaintiff to pay alimony. Judgment in the action was rendered in the defendant’s favor in Eovember, 1871, and then entered. An appeal was taken by the plaintiff from the judgment in January, 1872, but withdrawn in the succeeding July. There was an order made in the action for alimony to the defendxnt, pendente lite, and the plaintiff paid alimony until November 4, 1871, when the judgment was entered.
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This was an appeal from an order at Special Term, directing the plaintiff to pay alimony. Judgment in the action was rendered in the defendant’s favor in Eovember, 1871, and then entered. An appeal was taken by the plaintiff from the judgment in January, 1872, but withdrawn in the succeeding July. There was an order made in the action for alimony to the defendxnt, pendente lite, and the plaintiff paid alimony until November 4, 1871, when the judgment was entered. The defendant moved, after withdrawal of the appeal, to compel the plaintiff to pay alimony up to the time of the discontinuance,…
1Opinion of the Court
By the Court—
Gilbert, J.
We think the order appealed from was erroneous. The order for temporary alimony was superseded "by the judgment. That is the rule in respect to all orders made upon interlocutory applications. Thus an injunction which has been granted upon an interlocutory application is superseded by the decree made at the hearing of the cause. (Dan. Ch. Pr., 4th Am. ed., 1679.) The same rule has been applied to suits for divorce. (Longfellow v. Longfellow, Clark’s Ch. R., 344; Stanford v. Stanford, 1 Edw., 317; Moncrief v. Moncrief, 15 Abb. Pr., 187; Germond v. Germond, 1 Paige, 83;…
2Cases cited3 opinions
- Stanford v. StanfordNew York Court of Chancery · 1832
- Germond v. GermondNew York Court of Chancery · 1828
- Moncrief v. MoncriefNew York Supreme Court · 1862
3Cited by8 opinions
- Mittman v. MittmanAppellate Division of the Supreme Court of the State of New York · 1942
- Henry v. HenryWest Virginia Supreme Court · 1914
- Swallow v. SwallowNew Jersey Court of Chancery · 1914
- Hammond v. HammondAppellate Division of the Supreme Court of the State of New York · 1939
- Kelly v. KellySupreme Court of New Jersey · 1937
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