Legal Opinion
Weidlich v. Weidlich
New York Supreme Court
Decided October 11, 1941PublishedCited by 1 opinion
1Opinion of the CourtEdek, J.
Action to recover damages for malicious prosecution of an action for absolute divorce instituted by a wife against her husband in the State of Nevada- and in which action she obtained a decree by default, the husband (plaintiff) being personally served with process without the State but neither appearing in nor defending the suit. The basis of plaintiff’s cause of action is that the defendant (his wife) acquired a colorable residence in Nevada for the purpose of instituting and prosecuting the suit, she being in truth a resident of Connecticut; that she maliciously and without probable cause…
2Cases cited21 opinions
- Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
- Burt v. . SmithNew York Court of Appeals · 1905
- Bushnell v. BushnellSupreme Court of Connecticut · 1925
- Mertz v. MertzNew York Court of Appeals · 1936
- Gregonis v. Philadelphia & Reading Coal & Iron Co.New York Court of Appeals · 1923
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3Cited by1 opinion
- James Morrissey, Plaintiff-Appellant-Appellee v. National Maritime Union of America, Defendant-Appellant-Appellee, and Joseph CurranCourt of Appeals for the Second Circuit · 1976