Legal Opinion · Concurrence

Conklin v. Conklin

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

Decided May 3, 1922Published

Appeal by the defendant, Horace E. Conklin, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Broome on the 13th day of December, 1921, determining and enforcing an alleged lien for services, counsel fees and expenses.

1Concurrence

Kiley, J. (concurring in part):

I agree with Mr. Justice Kellogg that the court at Special Term could not revive and perpetuate a cause of action that had been satisfied by the parties to the action resuming their domestic relations. I agree further that for services rendered and moneys expended after such reconciliation, plaintiff’s attorneys must look to the plaintiff if there is anything due for such services and moneys expended on her account. If Mr. Justice Kellogg’s holding is to the effect that these present proceedings, petition and order, be dismissed I agree with such holding. I do…

2Cases cited1 opinion

  1. Page v. PageAppellate Division of the Supreme Court of the State of New York · 1908

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