Everett v. Everett
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward Everett, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 11th day of August, 1897, denying the motion of the defendant (who had appeared specially) to set aside an order for the publication of the summons in the action, and also from an order entered in said clerk’s office on the 30th day of August, 1897, denying the defendant’s motion for an…
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Appeal by the defendant, Edward Everett, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 11th day of August, 1897, denying the motion of the defendant (who had appeared specially) to set aside an order for the publication of the summons in the action, and also from an order entered in said clerk’s office on the 30th day of August, 1897, denying the defendant’s motion for an extension of time within which to appear generally and move or plead.
1Opinion of the Court
Willard Bartlett, J.:
The question on the first appeal is whether the cause of action set out in the complaint is one which authorizes the constructive service of process upon the non-resident defendant by publication of the summons.
The purpose of the present suit is to vacate and set aside a judgment obtained in this State by tlie husband against the wife declaring their marriage null and void. The complaint alleges that said judgment was procured by fraud and deceit on the part of the husband, and contains averments which, if proved, would require the *474court to set the judgment aside. That a…
2Cases cited3 opinions
- Johnson v. ColemanWisconsin Supreme Court · 1868
- Bryan v. . University Pub. Co. of N.Y.New York Court of Appeals · 1889
- Olmstead v. OlmsteadSupreme Court of Minnesota · 1889
3Cited by9 opinions
- Hamm v. HammCourt of Appeals of Tennessee · 1947
- State ex rel. Sparrenberger v. District CourtMontana Supreme Court · 1923
- Battle v. MorrisSupreme Court of Alabama · 1957
- Martin v. MartinTennessee Supreme Court · 1956
- Battle v. MorrisSupreme Court of Alabama · 1957
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