AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

GEORGIA SMITH, Respondent, v. RALPH L. SMITH, Appellant.

Defendant appeals from so much of an order of the Supreme Court as grants $15 per week temporary alimony to plaintiff in a separation action. The defendant asserts that the complaint and moving papers do not show merit and a reasonable probability of success. We agree with appellant that mere quarrels and bickering are not a ground for separation, but the papers allege much more than that, and if the allegations are established provide adequate ground upon which the court could grant a separation. The court cannot try the merits upon affidavits, and, in its discretion allowed a modest sum for temporary alimony. If there be no merit to plaintiff's case defendant should press for a prompt trial and thereby obtain relief. Order unanimously affirmed, without costs.

Use AI to get other relevant cases.

Comments

SMITH v. SMITH
(May 16, 1960)