Legal Opinion

Wood v. Wood

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

Decided April 15, 1901PublishedCited by 6 opinions

Appeal by the defendant, Frank S. Wood, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 13th day of February, 1901, denying the defendant’s motion for an order of reference, and granting the plaintiff’s motion for temporary alimony and counsel fees, and awarding the custody of the defendant’s child by a former marriage to its grandfather.

1Opinion of the Court

Laughlin, J.:

This is an action for a divorce. Plaintiff in her complaint prayed for the custody of her stepson, Franklin M. Wood, now seven years old, the child of defendant by a former marriage. It appears that at the time the parties separated, plaintiff excluded defendant from his house and retained the child. Defendant subsequently applied to the Supreme Court for a writ of habeas corpus to regain possession of his son. The writ was made returnable on the 16th day of February, 1901. In the meantime plaintiff made a motion for counsel fees and alimony with the general prayer for further…

2Cases cited13 opinions

  1. Davis v. . DavisNew York Court of Appeals · 1878
  2. Griffin v. . GriffinNew York Court of Appeals · 1872
  3. Matter of KnowackNew York Court of Appeals · 1899
  4. Kennedy v. . KennedyNew York Court of Appeals · 1878
  5. People ex rel. Keator v. MossAppellate Division of the Supreme Court of the State of New York · 1896

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3Cited by6 opinions

  1. Peake v. PeakeNew York Family Court · 1954
  2. Montayre v. MontayreNew York Supreme Court · 1940
  3. Schweig v. SchweigAppellate Division of the Supreme Court of the State of New York · 1907
  4. Barnhart v. BarnhartConnecticut Superior Court · 1938
  5. Lewis v. LewisNew York Supreme Court · 1912

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