header-alimony-feb5-1910

alimony-feb5-1910-headline

[Indexed as: “Hope for the Alimony Club – Husbands Whose Divorced Wives Remarry Now May Cease Paying.” The Kansas City Times (Mo.), Feb. 5, 1910]

 New York, Feb. 4. – The Alimony Club now may take heart, for the appellate division of the supreme court today decided that members of that organization may receive the benefits of the new amendments to the code of civil procedure, providing that when a woman who has divorced her husband remarries, the alimony from the divorced husband may cease.

 The case before the appellate division was that of Andrew Mowbray, whose wife divorced him and got an order from the court allowing her alimony. She remarried, and Mowbray applied to a supreme court justice to rescind the alimony order. The justice refused. Mowbray appealed.

 “The motion should have been granted,” the appellate division says. “Under the provisions of Sec. 1771 of the codes of civil procedure the defendant had a legal right, the plaintiff

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