Hewes v. Hewes
New York Supreme Court
Appeal from special term, New York county. Action by Prosper S. Hewes against Annie K. Hewes, for a separation on the ground of abandonment. It appeared at the trial that the parties were married in Pennsylvania, where the desertion took place; and that, after such desertion, plaintiff took up his residence in New York, where he had continued to reside for over one year, when the action was commenced.
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Appeal from special term, New York county. Action by Prosper S. Hewes against Annie K. Hewes, for a separation on the ground of abandonment. It appeared at the trial that the parties were married in Pennsylvania, where the desertion took place; and that, after such desertion, plaintiff took up his residence in New York, where he had continued to reside for over one year, when the action was commenced. It did not appear that defendant had ever resided in the state of New York. The complaint was dismissed, upon the report of the referee, for lack of jurisdiction, upon the ground that an action…
1Opinion of the CourtIngraham, J.
To entitle the plaintiff to a judgment for a separation he must bring his case within section 1763 of the Code. In this case the parties to this action were married in the state of Pennsylvania, and the defendant has never actually resided within the state. The plaintiff, however, claims that, as the domicile of the wife follows that of the husband, the residence of the plaintiff within this state made the wife also a resident. It is clear, however, that the residence spoken of in the section of the Code cited is an actual residence of each of the parties, and not the theoretic residence of…
2Cases cited2 opinions
- Mellen v. MellenNew York Supreme Court · 1882
- Toosey v. TooseyNew York Court of Common Pleas · 1888
3Cited by4 opinions
- McGrew v. Mutual Life InsuranceCalifornia Supreme Court · 1901
- Wacker v. WackerAppellate Division of the Supreme Court of the State of New York · 1913
- Ensign v. EnsignNew York Supreme Court · 1907
- Ensign v. EnsignNew York Supreme Court · 1907