Matthews v. Matthews
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Dowling, J.:
This is an action brought to obtain a judgment of separation on the ground of the cruel and inhuman treatment of the plaintiff wife by defendant, her husband, and his failure to support her.
The summons bears date March 8, 1924, and the complaint is verified on the same date.
Upon the ground that defendant could not be found and was concealing himself so that process could not be personally served upon him, based on affidavits of the managing clerk of plaintiff’s attorney and of a process server, an ex parte order was made, under the authority of section 1171-a of the Civil Practice…
2Cases cited7 opinions
- Windsor v. McVeighSupreme Court of the United States · 1876
- Pennington v. Fourth National Bank of CincinnatiSupreme Court of the United States · 1917
- Ward v. . BoyceNew York Court of Appeals · 1897
- Averett v. AverettNew York Supreme Court · 1920
- Averett v. AverettAppellate Division of the Supreme Court of the State of New York · 1920
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3Cited by6 opinions
- Treherne-Thomas v. Treherne-ThomasAppellate Division of the Supreme Court of the State of New York · 1944
- Greene v. GreeneNew York Supreme Court · 1972
- Schneider v. SchneiderNew York Supreme Court · 1953
- Eriksson v. Refiners Export Co.Appellate Division of the Supreme Court of the State of New York · 1942
- Matthews v. MatthewsNew York Supreme Court · 1926
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