Kaiser v. Kaiser
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edith O. Kaiser, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of August, 1918, upon the decision of the court, rendered after a trial on framed issues at the New York Special Term, dissolving the marriage between the parties and awarding the custody of the child to the plaintiff.
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Appeal by the defendant, Edith O. Kaiser, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of August, 1918, upon the decision of the court, rendered after a trial on framed issues at the New York Special Term, dissolving the marriage between the parties and awarding the custody of the child to the plaintiff. Also an appeal by said defendant from the final judgment of divorce in favor of the plaintiff, entered in the office of the clerk of said county on the 17th day of December, 1918.
1Opinion of the Court
Page, J.:
The appeals from the interlocutory and final judgments "bring up for consideration the effect of a decree of divorce granted by the Court of Common Pleas of Philadelphia, State of Pennsylvania, obtained by the defendant herein by default. The plaintiff herein was not served with process in the State of Pennsylvania, nor did he appear in the action. Substituted service by publication was made upon him in accordance with the law and practice of the Pennsylvania courts.
Prior to their marriage the plaintiff and defendant were citizens of the State of New York and residents of the city of…
2Cases cited7 opinions
- Atherton v. AthertonSupreme Court of the United States · 1901
- Hubbard v. . HubbardNew York Court of Appeals · 1920
- Kaufman v. KaufmanAppellate Division of the Supreme Court of the State of New York · 1917
- Brooks v. SmithTennessee Supreme Court · 1860
- Berney v. AdrianceAppellate Division of the Supreme Court of the State of New York · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In re BennettNew York Surrogate's Court · 1929
- Powell v. PowellAppellate Division of the Supreme Court of the State of New York · 1925
- Lefferts v. LeffertsAppellate Division of the Supreme Court of the State of New York · 1933
- Hofmann v. HofmannAppellate Division of the Supreme Court of the State of New York · 1921
- Loomis v. LoomisAppellate Division of the Supreme Court of the State of New York · 1941
5 more not listed; retrieve them via the Exa API.