McIntyre v. Clark

New York Supreme Court

McIntyre v. Clark

50 N.Y. Sup. Ct. 352, 6 N.Y. St. Rep. 531

DecidedJanuary 15, 1887

StatusPublished

This text of 50 N.Y. Sup. Ct. 352 (McIntyre v. Clark) 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

McIntyre v. Clark, 50 N.Y. Sup. Ct. 352, 6 N.Y. St. Rep. 531 (N.Y. Super. Ct. 1887).

Pincite

Opinion

Pee Cueiam :

Section 1613 of the Code requires that a fixed sum, equal to one-third of the rental value of the property, shall be ascertained by the court and specified in the final judgment, which sum shall be paid to the plaintiff annually, and that the sum so to be paid was to remain a charge upon the property during the natural life of the • party entitled to dower. This sum having been ascertained and fixed by the final judgment, the court had no power, to alter such finaL judgment, by providing that a party entitled to dower should receive one-third of the net rents which should be actually received from the property, and no more.

The order should be reversed, with ten dollars costs anb disburse* ments.

Present —Yan Beunt, P. J., Beady and Daniels, JJ.

Order reversed, with ten dollars costs and disbursements.

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

Pee Cueiam :

Section 1613 of the Code requires that a fixed sum, equal to one-third of the rental value of the property, shall be ascertained by the court and specified in the final judgment, which sum shall be paid to the plaintiff annually, and that the sum so to be paid was to remain a charge upon the property during the natural life of the • party entitled to dower. This sum having been ascertained and fixed by the final judgment, the court had no power, to alter such finaL judgment, by providing that a party entitled to dower should receive one-third of the net rents which should be actually received from the property, and no more.

The order should be reversed, with ten dollars costs anb disburse* ments.

Present —Yan Beunt, P. J., Beady and Daniels, JJ.

Order reversed, with ten dollars costs and disbursements.

Cite This Page — Counsel Stack

Bluebook (online)

50 N.Y. Sup. Ct. 352, 6 N.Y. St. Rep. 531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcintyre-v-clark-nysupct-1887.