Von Rhade v. Von Rhade
New York Supreme Court
Appeal from an order denying motion to set aside judgment in an action brought for a divorce. On the 10th March, 1873, the plaintiff exhibited her complaint for a divorce a vinculo, alleging that she was married to the defendant in 1865, at Berlin, in Prussia ; that since September 10th, 1872,. she has been an actual inhabitant of this State; and charging the defendant with having at a certain house in Berlin, at divers times, since January 1,1870, committed adultery with a…
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Appeal from an order denying motion to set aside judgment in an action brought for a divorce. On the 10th March, 1873, the plaintiff exhibited her complaint for a divorce a vinculo, alleging that she was married to the defendant in 1865, at Berlin, in Prussia ; that since September 10th, 1872,. she has been an actual inhabitant of this State; and charging the defendant with having at a certain house in Berlin, at divers times, since January 1,1870, committed adultery with a .certain person therein named. The'complaint was filed March 12, 1873. On the 11th March, 1873, upon an affidavit of the…
1Opinion of the CourtDaniels, J.
The motion, on the hearing of which the order appealed from was entered, was made upon the ground that the plaintiff’s proceedings, taken for the purpose of commencing this action, were so defective as to render the judgment pronounced void for want of jurisdiction. By the complaint in the action, a case was presented which was within the jurisdiction of the court, as that was at the time regulated by statute. For it was alleged that the plaintiff was at the time of its presentment an inhabitant of this State, and had been so from the 10th of September, 1872, and then charged the defendant…
2Cases cited3 opinions
- Miller v. BrinkerhoffNew York Supreme Court · 1847
- Staples v. . FairchildNew York Court of Appeals · 1849
- Shuman v. StraussNew York Court of Appeals · 1873
3Cited by1 opinion
- Coffin v. Chicago Northern Pacific Construction Co.New York Supreme Court · 1875