Everett v. Everett
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by Georgia L. Everett against Edward Everett. From a judgment entered denying motion of defendant, who had appeared specially, to vacate and set aside the order for publication of the summons herein, and from an order denying defendant’s motion for extension of time within which to appear and move or plead, defendant appeals. Affirmed on one motion, and reversed on the other.
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Appeal from special term, Kings county. Action by Georgia L. Everett against Edward Everett. From a judgment entered denying motion of defendant, who had appeared specially, to vacate and set aside the order for publication of the summons herein, and from an order denying defendant’s motion for extension of time within which to appear and move or plead, defendant appeals. Affirmed on one motion, and reversed on the other. Argued before GOODRICH, P. J;, and CULLEN, BARTLETT, HATCH, and BRADLEY, JJ.
1Opinion of the CourtWillard 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 nonresident 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 the 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 court to set the judgment aside. That a suit in equity to be…
2Cases cited3 opinions
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- Bryan v. . University Pub. Co. of N.Y.New York Court of Appeals · 1889
- Olmstead v. OlmsteadSupreme Court of Minnesota · 1889
3Cited by7 opinions
- State ex rel. Sparrenberger v. District CourtMontana Supreme Court · 1923
- Carey v. CareySuperior Court of Pennsylvania · 1935
- Battle v. MorrisSupreme Court of Alabama · 1957
- Martin v. MartinTennessee Supreme Court · 1956
- Battle v. MorrisSupreme Court of Alabama · 1957
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