The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-11-22
NEW DIVORCE RULE
BACKS NEVADA LAW
Wife Entitled to Half of the
Property Acquired Dur
ing Marriage.
GETS ALIMONY AS WELL

Ore Of the most important decisions
ever made IN this State as to the valid
,y here Of a Nevada divorce has been
handed down by Supreme Court Justice
Negburger In holding that a wife d.
yorcing her husband may not only en-
force the alimony provisions but compel
her husband to turn owe to her half his
nroperty accumulated during his mar
rlase. excluding requests and legacies.
n Justice Newburger's decision Ia up
held by the higher our Of this state
there will be nothing to prevent many
other women who got Nevada DEGREES
from wealthy men from applying to the
courts here to o half the property
accumulated during the marriage. known
As the community property" In cases
where there was no question a. to the
validity OF the decree there Is no doubt
,ha, tho courts will take the same &C.
ION as IN the suit Just decided.
Tie right TO enforce the community
rrorerty law 81 Nevada and other West
I'm states IN New York was raised in
sui, brought by Mrs. Gertrude Eleanor
Tedemann. former wife OF Rudolph
Ernest Tiedemann. ms mber OF the dry
foods importing firm OF Theodore Tiede-
mann & Sons of 35i Fourth avenue.
Mrs. Tiedemann alleged in her COM
tla,st that she was divorced from the
defendant In Nevada on April 10. 1914.
and vas awarded $500 a month alimony
and 800 a month FOR the custody OF her
daughter. Vera Gertrude Tiedemann.
with 81 $50 costs. She alleged that her
husband had refused to pay either ALI
nony or costs. a:ld sued for SO 900 ALI
nony that had accrued and the 1880
osts.
Mrs. Tiedemanr alleged further that
lnder the Nevada laws II Is provided
that. all property acquired by either hus-
band or wife after marriage. except by
vii or inheritance and except the earn
Ings OF the wife while living apart
rom the husband. or which he allowed
aer to appropriate ss her separate prop
rr,y is community property. The party
divorced is entitled to share equally in
such property. Mrs. Tiedemann pointed
ut that under her decree she was en-
,ltled to half the community property.
and asked the court to enforce this
revision.
When the suit to enforce the Nevada
ecfee anne before Justice Newburger
. ruled that there was M question as
} the plaintiffs right to recover S4.589.
No alimony and costs due with interest.
N the novel question as to the plain
,jr's right TO enforce the community of
ylolerty provision Justice Newburger
aid:
1T has been repeatedly held in this
state that as to all judgments II they
zee and for all establish a debt or
y,ae- obligation against a party. the
-scord Is available in any other Juris-
q elton as a foundation for a judgment
here The laws OF Nevada provide for
community interest. and the decree pro-
yitlne that the defendant account for
I'll community property belonging to the
l'aintiff and defendant. wherever stu
a,ed. fixes the status of the parties and
he plaintiff Is entitled TO a decree as
raycd for"
Th- court accordingly appointed Will
m Klein referee To take the account
lg OF the community property accumu
ated from the date Of the marriage OF
10 parties up % April 10. 1914, n
Mrs Tigdemann will then hav Judgment
!ur the amount found to be due her.
Tiedsmanu will appeal from Justice
Nevburgers ruli~