Legal Opinion

Parker v. Parker

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

Decided December 5, 1919PublishedCited by 9 opinions

Appeal by the plaintiff, Norabelle Parker, from ah order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day of July, 1919, denying her motion for an order directing the entry of a judgment in her favor for accrued alimony and for counsel fees on said motion, and also from an order of the said court entered in said clerk’s office on the same day denying plaintiff’s motion for an increase of…

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Appeal by the plaintiff, Norabelle Parker, from ah order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day of July, 1919, denying her motion for an order directing the entry of a judgment in her favor for accrued alimony and for counsel fees on said motion, and also from an order of the said court entered in said clerk’s office on the same day denying plaintiff’s motion for an increase of alimony and for an allowance of counsel fee's on said motion, and also from an order of said court entered in said…

1Opinion of the Court

Laughlin, J. :

The original judgment of divorce was entered on the report of a referee and the alimony therein awarded was $102.94 *605per week, which amount, it is recited, was fifty per cent of the defendant’s income at that time. On the trial of the issues before the referee, the alimony was fixed at said sum by a formal stipulation in writing in which said sum was stated to be fifty per cent of the defendant’s income; and the stipulation provided that should his income increase, he would be required to pay fifty per cent of the increased income and that a provision should be incorporated in…

2Cases cited1 opinion

  1. Lake v. . LakeNew York Court of Appeals · 1909

3Cited by9 opinions

  1. Axelrad v. AxelradAppellate Division of the Supreme Court of the State of New York · 1955
  2. Balmer v. BalmerNew York Supreme Court · 1958
  3. Damsey v. DamseyNew York Supreme Court · 1963
  4. Frederick v. FrederickAppellate Division of the Supreme Court of the State of New York · 1958
  5. Moussette v. MoussetteAppellate Division of the Supreme Court of the State of New York · 1930

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