Winkemeier v. Winkemeier
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by Hand B. Winkemeier against Christian F. Winkemeier for divorce. From an order denying a motion to require defendant to pay to plaintiff a certain amount of money to pay the expenses of the prosecution of the action, plaintiff appeals.
1Opinion of the CourtBeadley, J.
The motion was instituted by an order to show -cause on April 6, 1896, made and served three days previously. _ It was not heard at the time specified in the order because the action was reached on the circuit calendar, moved to trial, and the issue tried on that day, the 6th of April. The consequence was that the motion was postponed for a week, and then heard. In the meantime the action had been tried, and decision in favor of the plaintiff made by the court and filed. The motion was then denied, on the ground, as expressed in the order, that the court had no power then to grant it. The…
2Cases cited3 opinions
- Erkenbrach v. . ErkenbrachNew York Court of Appeals · 1884
- Beadleston v. . BeadlestonNew York Court of Appeals · 1886
- McBride v. McBrideNew York Supreme Court · 1889
3Cited by1 opinion
- Coon v. CoonAppellate Division of the Supreme Court of the State of New York · 1899