Osterhoudt v. . Osterhoudt
New York Court of Appeals
Appeals from so much of two judgments of the Appellate Division of the Supreme Court in the first and second judicial departments, entered respectively March 1 and March 22, 1900, as affirmed a judgment of Special Term awarding to the defendant the custody of the children of the parties in an action for a divorce. The facts, so far as material, are stated in the opinion. The judgment is appealable and this court has jurisdiction to review the same.
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Appeals from so much of two judgments of the Appellate Division of the Supreme Court in the first and second judicial departments, entered respectively March 1 and March 22, 1900, as affirmed a judgment of Special Term awarding to the defendant the custody of the children of the parties in an action for a divorce. The facts, so far as material, are stated in the opinion. The judgment is appealable and this court has jurisdiction to review the same. The part of the judgment appealed from was made without jurisdiction and the question of discretion is not involved. (Shiels v. Wortmann, 126 N.…
1Per curiam
The action was brought by plaintiff to obtain a divorce on the ground of defendant’s alleged adultery. The defense was based upon a decree of divorce in defendant’s favor and against the plaintiff, granted in the state of North Dakota. Upon the trial of this action the Dakota divorce was held to be invalid, and it was upon this sole and distinct ground that the divorce here was granted to the plaintiff. The decree, among other things, provided that the defendant should have the custody of the two children of the parties. Both parties appealed from the judgment entered upon the decision of the…
2Cases cited1 opinion
- People Ex Rel. Sternberger v. . SternbergerNew York Court of Appeals · 1897
3Cited by5 opinions
- Dotterer v. StateIndiana Supreme Court · 1909
- People ex rel. DeLaney v. Mount St. Joseph's AcademyAppellate Division of the Supreme Court of the State of New York · 1921
- Hagopian v. SamuelsonAppellate Division of the Supreme Court of the State of New York · 1932
- Sheil v. SheilAppellate Division of the Supreme Court of the State of New York · 1968
- In re the Guardianship of NewmanNew York Surrogate's Court · 1932