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Reports of Cases Decided in the Court of Appeals of the State of New York (Volume 190)

Reports of Cases Decided in the Court of Appeals of the State of New York (Volume 190)


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This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1908. Not illustrated. Excerpt: ... Opinion of the Court, per Haight, J. [Vol. 190. sted was a resident of this state, married here, and had four children. Ho then left his family and went to New Jersey, where he lived with another woman, by whom he had two sons. These children were concededly illegitimate. lie then removed to Michigan, brought an action against his wife for divorce, who was still living in the state of New York, and procured a decree in that court annulling the marriage upon the ground that his wife had deserted him, without personal service upon her of process or other notice of the commencement of the action. He then married the mother of his two illegitimate children. While the courts of this state are required to give full faith and credit to the decrees of the courts of our sister states, we have the right to inquire as to whether such courts had obtained jurisdiction of the person and the Biibjeet-matter; and if we find that they had not obtained jurisdiction, then their judgment or decrees.become of no force or effect. (Matter of Kiniba.ll, 155 X. Y. C8; Winston v. Winston, 165 N. Y. 555; Haddock v. Haddock, 201 U. S. 5G2; Athertvn v. Atherion, 155 N. Y. 129, 181 U. S. 155.) The Michigan courts never obtained jurisdiction of Benjamin F. Ohnsted's wife, a resident of this state. She had no notice, and consequently did not appear in the action. The ground upuii which the divorce was sought was one not recognized by the laws of this state as a ground for divorce. It was a decree such as the courts of this state have repeatedly refused to recognize as valid and binding. Not only have onr courts refused to recognize such decrees as valid, but with reference to this particular decree an action had been brought in this state by Mrs. Olmsted for separate support and maintenance, a...


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Product Details
  • ISBN-13: 9781154361827
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 218
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1154361829
  • Publisher Date: 11 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 399 gr


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