Burton v. Burton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Millicent Burton, from part of an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 28th day of November, 1911, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Jenks, P. J.:
In this action for an absolute divorce an interlocutory decree was entered in favor of the plaintiff for the adultery of his wife, the defendant. Thereby it was ordered that the plaintiff “shall not be compelled to pay any further sums as alimony for the support of the defendant, by virtue of any judgment of this Court heretofore made.” The appeal is from this provision.
The issue tendered is limited to adultery, but by stipulation it appears that “ the judgment” referred to was obtained heretofore in this State by this defendant against this plaintiff for separation, and that…
2Cases cited4 opinions
- In Re the Administration of the Estate of CrandallNew York Court of Appeals · 1909
- Chase v. WebsterMassachusetts Supreme Judicial Court · 1897
- Tonjes v. TonjesAppellate Division of the Supreme Court of the State of New York · 1897
- Byrnes v. ByrnesAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by11 opinions
- Lynn v. LynnNew York Court of Appeals · 1951
- Gibson v. GibsonNew York Supreme Court · 1913
- Simonton v. SimontonIdaho Supreme Court · 1925
- Holmes v. HolmesDistrict Court, District of Columbia · 1946
- Poss v. PossAppellate Division of the Supreme Court of the State of New York · 1914
6 more not listed; retrieve them via the Exa API.