Brainard v. Brainard

The primary issue on appeal is whether defendant’s answer, setting forth that he appeared specially only to contest the jurisdiction of the court over his person, amounts to a general appearance.

Plaintiff, wife, sues for divorce on the statutory ground. Special Term has denied her motion for alimony pendente lite, counsel fee and custody of the children on the ground that the court’s jurisdiction was limited to the marital res as personal service was made on defendant in Massachusetts and defendant’s answer was a special and not a general appearance. Plaintiff appeals.

On April 17, 1947,…