Holmer v. Holmer

New York Court of Appeals

Holmer v. Holmer

171 N.E. 756, 253 N.Y. 498, 1930 N.Y. LEXIS 863

CourtNew York Court of Appeals

DecidedMay 6, 1930

StatusPublished

Cited by4 cases

This text of 171 N.E. 756 (Holmer v. Holmer) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Holmer v. Holmer, 171 N.E. 756, 253 N.Y. 498, 1930 N.Y. LEXIS 863 (N.Y. 1930).

Pincite

Opinion

Per Curiam.

The findings in action No. 1, so far as they are supported by the evidence, do not sustain the conclusion of law that plaintiff therein is entitled to a *499 judgment of separation against the defendant. It follows that in action No. 2 defendant was not justified in abandoning plaintiff and !that plaintiff is entitled to a judgment of separation and separate maintenance against the defendant (New York Const, art. VI, § 8).

In action No. 1, the judgment should be reversed and the compláint dismissed, with costs in all courts.

In action No. 2, judgment of separation and separate maintenance and support ordered in favor of the plaintiff, with leave to apply without notice to the Special Term for directions for the support of the plaintiff.

Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ., concur.

Judgments accordingly.

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