NICHOLS v. NICHOLS


306 N.Y. 490 (1954)

Marjorie J. Nichols, Appellant, v. Charles W. Nichols, Jr., Respondent.

Court of Appeals of the State of New York.

Decided April 8, 1954


Attorney(s) appearing for the Case

Thomas I. Sheridan and M. Claiborne Mebel for appellant.

Eugene A. Sherpick and William C. Woodson for respondent.

LEWIS, Ch. J., DYE and FROESSEL, JJ., concur with DESMOND, J.; VAN VOORHIS, J., dissents in an opinion in which CONWAY and FULD, JJ., concur.


DESMOND, J.

We cannot concur in so much of the judgment appealed from as reduces the monthly alimony made payable to plaintiff by a separation agreement between the parties, as confirmed by a Nevada divorce decree obtained by plaintiff against defendant.

Plaintiff and defendant were married in 1934, had three children born in 1935, 1937 and 1938, respectively, separated in September, 1945, and in October...

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