Legal Opinion

Halsted v. Halsted

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

Decided October 15, 1897PublishedCited by 4 opinions

Appeal by the plaintiff, Sarah B. Halsted, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 19th day of July, 1897, denying her motion for an injunction restraining the defendants, the trustees of Charles S. Halsted, from paying to him any part of the accrued income in their hands, or the income which may accrue from time to time, from the funds of the several trusts in excess of…

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Appeal by the plaintiff, Sarah B. Halsted, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 19th day of July, 1897, denying her motion for an injunction restraining the defendants, the trustees of Charles S. Halsted, from paying to him any part of the accrued income in their hands, or the income which may accrue from time to time, from the funds of the several trusts in excess of fifty dollars per month in the aggregate, until the final decree in the action, and restraining the defendant Charles S.…

1Opinion of the Court

Patterson, J.:

The motion for an injunction was properly denied and for the reason that the plaintiff was not in a situation to institute this action, *467which was evidently brought upon the supposed authority of Wetmore v. Wetmore (149 N. Y. 520). The ground upon which that case proceeded was, that the plaintiff was entitled to maintain a creditor’s action to reach the surplus of the .trust fund in the hands of the trust company, and it appeared that the plaintiff there had exhausted all the remedies given by the Code to obtain payment of the alimony awarded on the final judgment. Assuming,…

2Cases cited1 opinion

  1. Wetmore v. . WetmoreNew York Court of Appeals · 1896

3Cited by4 opinions

  1. Kapp v. Seventh Judicial District Court of the State of Nevada ex rel. County of EsmeraldaNevada Supreme Court · 1910
  2. Leslie v. Saratoga Brewing Co.New York Supreme Court · 1900
  3. Kane v. RoseAppellate Division of the Supreme Court of the State of New York · 1903
  4. Weingarten v. WeingartenNew York Supreme Court · 1929

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