Galusha v. . Galusha
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday in January, 1892, which affirmed a judgment in favor of defendant entered upon an order of Special Term sustaining a demurrer to the plaintiff’s complaint.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday in January, 1892, which affirmed a judgment in favor of defendant entered upon an order of Special Term sustaining a demurrer to the plaintiff’s complaint. The relief asked for by the complaint in this action was that. the judgment in an action for divorce between the plaintiff and the defendant, Norman H. Galusha, be opened; that a deed or separation agreement between said parties be adjudged invalid on the ground that its execution was obtained by…
1Opinion of the CourtMaynard, J.
The defendant, Herman H. Galnsha, has demurred to the complaint upon the ground that it does not contain sufficient facts to constitute a cause of action. It, therefore, becomes necessary to state the material facts alleged, according to their legal import, as we understand them, and in the light of the rules which must be applied in the construction of pleadings. The plaintiff and the demurring defendant intermarried in 1858 and lived together until 1883, when a separation occurred, and an agreement under seal was executed between them, and the defendant Galusha Phillips, as trustee, in…
2Cases cited4 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- Forrest v. . ForrestNew York Court of Appeals · 1862
- Moulton v. . CornishNew York Court of Appeals · 1893
- Cooledge v. CooledgeNew York Court of Chancery · 1845
3Cited by91 opinions
- Goldman v. GoldmanNew York Court of Appeals · 1940
- Lynn v. LynnNew York Court of Appeals · 1951
- Helvering v. LeonardSupreme Court of the United States · 1940
- Johnson v. . JohnsonNew York Court of Appeals · 1912
- Querze v. QuerzeNew York Court of Appeals · 1943
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