Wirth v. Wirth

Appellate Division of the Supreme Court of New York

Wirth v. Wirth

282 A.D. 725, 122 N.Y.S.2d 214, 1953 N.Y. App. Div. LEXIS 4804

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

DecidedJune 15, 1953

StatusPublished

This text of 282 A.D. 725 (Wirth v. Wirth) 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

Wirth v. Wirth, 282 A.D. 725, 122 N.Y.S.2d 214, 1953 N.Y. App. Div. LEXIS 4804 (N.Y. Ct. App. 1953).

Pincite

Opinion

In an action by a wife for separation on the ground of abandonment, cruel and inhuman treatment, and failure properly to support, the court granted a separation on all grounds and awarded permanent alimony of $50 a week. Defendant appeals from the judgment entered thereon. Judgment reversed on the law and the facts, without costs, and complaint dismissed, without costs. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made. In our opinion the evidence was insufficient to support findings that defendant abandoned plaintiff, that he treated her cruelly and inhumanly or that he failed properly to support her. Adel, Acting P. J., Wenzel, MaeCrate, Schmidt and Beldoek, JJ., concur. Settle order on notice.

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In an action by a wife for separation on the ground of abandonment, cruel and inhuman treatment, and failure properly to support, the court granted a separation on all grounds and awarded permanent alimony of $50 a week. Defendant appeals from the judgment entered thereon. Judgment reversed on the law and the facts, without costs, and complaint dismissed, without costs. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made. In our opinion the evidence was insufficient to support findings that defendant abandoned plaintiff, that he treated her cruelly and inhumanly or that he failed properly to support her. Adel, Acting P. J., Wenzel, MaeCrate, Schmidt and Beldoek, JJ., concur. Settle order on notice.

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Bluebook (online)

282 A.D. 725, 122 N.Y.S.2d 214, 1953 N.Y. App. Div. LEXIS 4804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wirth-v-wirth-nyappdiv-1953.