Legal Opinion

Barton v. Barton

Appellate Division of the Supreme Court of the State of New York

Decided November 17, 1939PublishedCited by 3 opinions

1Opinion of the CourtO’Malley, J.

The action was commenced by plaintiff Dorothy C. Barton against her husband, the defendant Clifford Frank Barton, for a separation. The summons and complaint were served on defendant without the jurisdiction pursuant to the provisions of section 235 of the Civil Practice Act. The defendant has not appeared or answered and is not amenable to personal service within the jurisdiction.

Thereafter the plaintiff was appointed receiver and sequestrator pursuant to section 1171-a of the Civil Practice Act and subsequently obtained an award of $700 per month temporary alimony for herself and infant…

2Cases cited3 opinions

  1. Matthews v. MatthewsNew York Court of Appeals · 1925
  2. Rosenberg v. RosenbergNew York Court of Appeals · 1932
  3. Fitzburgh v. EveringhamNew York Court of Chancery · 1836

3Cited by3 opinions

  1. Tenzer, Greenblatt, Fallon & Kaplan v. AbbruzzeseNew York Supreme Court · 1968
  2. Gerard v. GerardNew York Supreme Court · 1968
  3. Chapman v. ChapmanNew York City Family Court · 1972

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