Johnson v. Johnson

New York Supreme Court

Johnson v. Johnson

196 Misc. 487, 92 N.Y.S.2d 517, 1949 N.Y. Misc. LEXIS 2849

CourtNew York Supreme Court

DecidedSeptember 20, 1949

StatusPublished

Cited by2 cases

This text of 196 Misc. 487 (Johnson v. Johnson) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnson v. Johnson, 196 Misc. 487, 92 N.Y.S.2d 517, 1949 N.Y. Misc. LEXIS 2849 (N.Y. Super. Ct. 1949).

Pincite

Opinion

Hallinan, J.

Plaintiff obtained a decree of divorce from defendant in New Hampshire, on November 19,1947. Said decree provided for the distribution of certain household property and an automobile, and, in addition, it ordered the defendant to pay to the plaintiff the sum of $25 per week. Plaintiff now brings this action to enter judgment in the courts of this State for arrearage of alimony and other relief. The action was not defended.

Unfortunately for the plaintiff, no action may be maintained in this State for such arrearage until it has been definitely fixed by the New Hampshire courts. This stems from the fact that New Hampshire law provides that orders in suits for divorce may be modified from time to time (II Revised Laws of New Hampshire, 1942, chap. 339, §§ 12 and 30). Under these circumstances, the complaint must be dismissed without prejudice. (Rossi v. Rossi, 187 Misc. 543, affd. 269 App. Div. 821; see cases collated in Phelps v. Phelps, 68 N. Y. S. 2d 650.)

Submit judgment accordingly.

Free access — add to your briefcase to read the full text and ask questions with AI

Hallinan, J.

Plaintiff obtained a decree of divorce from defendant in New Hampshire, on November 19,1947. Said decree provided for the distribution of certain household property and an automobile, and, in addition, it ordered the defendant to pay to the plaintiff the sum of $25 per week. Plaintiff now brings this action to enter judgment in the courts of this State for arrearage of alimony and other relief. The action was not defended.

Unfortunately for the plaintiff, no action may be maintained in this State for such arrearage until it has been definitely fixed by the New Hampshire courts. This stems from the fact that New Hampshire law provides that orders in suits for divorce may be modified from time to time (II Revised Laws of New Hampshire, 1942, chap. 339, §§ 12 and 30). Under these circumstances, the complaint must be dismissed without prejudice. (Rossi v. Rossi, 187 Misc. 543, affd. 269 App. Div. 821; see cases collated in Phelps v. Phelps, 68 N. Y. S. 2d 650.)

Submit judgment accordingly.

Cite This Page — Counsel Stack

Bluebook (online)

196 Misc. 487, 92 N.Y.S.2d 517, 1949 N.Y. Misc. LEXIS 2849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-johnson-nysupct-1949.

Opinion

Related

Cite This Page — Counsel Stack