Allaire v. Allaire

Appellate Division of the Supreme Court of New York

Allaire v. Allaire

172 A.D. 923, 157 N.Y.S. 1116

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

DecidedJanuary 15, 1916

StatusPublished

This text of 172 A.D. 923 (Allaire v. Allaire) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allaire v. Allaire, 172 A.D. 923, 157 N.Y.S. 1116 (N.Y. Ct. App. 1916).

Pincite

Opinion

In its discretion the court at Special Term declined to discharge from an alimony order a defaulting defendant who, in violation of our decree, had within three months remarried in Mew Jersey. Besides being a disobedience, his act consisted also in taking on himself a new financial responsibility which tended to prevent him from paying the sums directed for plaintiff’s support. His conduct, therefore, cannot commend his appeal to a Mew York court. (Ryer v. Ryer, 33 Hun, 116.) As appellant makes out no ground for us to interfere with the refusal of the court at Special Term to relieve him, the order is affirmed, with ten dollars costs and disbursements. Jenks, P. J., Thomas, Stapleton, Mills and Putnam, JJ., concurred.

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In its discretion the court at Special Term declined to discharge from an alimony order a defaulting defendant who, in violation of our decree, had within three months remarried in Mew Jersey. Besides being a disobedience, his act consisted also in taking on himself a new financial responsibility which tended to prevent him from paying the sums directed for plaintiff’s support. His conduct, therefore, cannot commend his appeal to a Mew York court. (Ryer v. Ryer, 33 Hun, 116.) As appellant makes out no ground for us to interfere with the refusal of the court at Special Term to relieve him, the order is affirmed, with ten dollars costs and disbursements. Jenks, P. J., Thomas, Stapleton, Mills and Putnam, JJ., concurred.

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Bluebook (online)

172 A.D. 923, 157 N.Y.S. 1116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allaire-v-allaire-nyappdiv-1916.