153 A.D. 719
Appellate Division of the Supreme Court of the State of New York
Decided December 6, 1912
Appellate Division of the Supreme Court of the State of New York · decided 1912-12-06
Appeal by the plaintiff, Harriet 0. Werner, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 18th day of March, 19-12, denying the plaintiff’s motion to amend a final judgment in an action granting plaintiff a divorce.
Decided 1912-12-06
¶1I dissent on the ground that as the final decree contained no provision in regard to alimony, the court was without power, after the lapse of two years, to modify that final judgment in the manner proposed.
¶2Order reversed, with ten dollars costs and disbursements, and motion granted; amount still due to be determined on settlement of order. Order to be settled on notice.