Legal Opinion

Wacker v. Wacker

Appellate Division of the Supreme Court of the State of New York

Decided January 3, 1913PublishedCited by 6 opinions

Appeal by the defendant, John F. Wacker, from' an order of the Supreme Court, made at the "Yew York Special Term and entered in the office of the clerk of the county of Yew York on the 28th day of October, 1912, denying the defendant’s motion to vacate an order awarding temporary alimony and counsel fee and appointing a receiver in sequestration proceedings.

1Opinion of the Court

McLaughlin, J.:

The parties intermarried in Germany in 1886j where they continued to reside until some time in 1891, when, according to the allegations of the complaint, the defendant, wrongfully and without just cause or provocation, abandoned the plaintiff and has since refused to support or live, with her. Shortly after the abandonment the defendant came to the State of Ye.w York, where he has since resided. The action was commenced by the service of a summons on- the defendant on the 31st of May, 1912, and the plaintiff was not then within the State of Yew York, nor had she ever been in…

2Cases cited11 opinions

  1. In Re Revocation of Ancillary Letters Testamentary of the Estate of NewcombNew York Court of Appeals · 1908
  2. Hunt v. . HuntNew York Court of Appeals · 1878
  3. Dupuy v. . WurtzNew York Court of Appeals · 1873
  4. De Meli v. . De MeliNew York Court of Appeals · 1890
  5. Kashaw v. KashawCalifornia Supreme Court · 1853

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3Cited by6 opinions

  1. Kaufman v. KaufmanAppellate Division of the Supreme Court of the State of New York · 1917
  2. Banister v. SolomonCourt of Appeals for the Second Circuit · 1942
  3. Fleck v. FleckNew York Supreme Court · 1965
  4. Guinness v. GuinnessNew York Supreme Court · 1943
  5. Taubenfeld v. TaubenfeldNew York Supreme Court · 1949

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