O'Dea v. . O'Dea
New York Court of Appeals
Appeal from oraer of the General Term of the Supreme Court, in the fourth judicial department, made the second Tuesday of June, 1883, which reversed a judgment in favor of plaintiff entered upon the report of a referee. The complaint in this action alleges and it was proved that the parties intermarried in this State on the 30th day of August, 1866, and from that time until shortly before the commencement of the action in 1880, lived and cohabited together as man and wife.
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Appeal from oraer of the General Term of the Supreme Court, in the fourth judicial department, made the second Tuesday of June, 1883, which reversed a judgment in favor of plaintiff entered upon the report of a referee. The complaint in this action alleges and it was proved that the parties intermarried in this State on the 30th day of August, 1866, and from that time until shortly before the commencement of the action in 1880, lived and cohabited together as man and wife. The husband sued to have the marriage contract declared void and the marriage annulled upon the ground that at the time…
1Opinion of the Court
Per Gariam.
We think the case of People v. Baker (76 N. Y. 78), is conclusive on the question brought up by this appeal, viz.: Whether the court in the State of Ohio had jurisdiction to try the issue raised by the petition of K., as between him and his wife, she then being a non-resident of Ohio, and never a resident of that State, nor at any time there served with process of the court. There are some differences in the detail of the circumstances of the two cases, but we think not enough to lead to any change in the result, nor sufficient to require a reconsideration of the law affecting it.…
2Cases cited1 opinion
- The People v. . BakerNew York Court of Appeals · 1879
3Cited by43 opinions
- Atherton v. AthertonSupreme Court of the United States · 1901
- Starbuck v. . StarbuckNew York Court of Appeals · 1903
- Williams v. . WilliamsNew York Court of Appeals · 1891
- Kaufman v. KaufmanAppellate Division of the Supreme Court of the State of New York · 1917
- Adams v. AdamsMassachusetts Supreme Judicial Court · 1891
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