Baylies v. Baylies
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Gustavus Baylies, Jr., from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 17th day of January, 1921, which denied a motion by defendant (appearing specially) to vacate the alimony provision of a decree of divorce made July 23, 1889, for support of the wife and son, with leave in case of defendant’s default, to enter a money judgment therefor; also to vacate a money…
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Appeal by the defendant, Gustavus Baylies, Jr., from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 17th day of January, 1921, which denied a motion by defendant (appearing specially) to vacate the alimony provision of a decree of divorce made July 23, 1889, for support of the wife and son, with leave in case of defendant’s default, to enter a money judgment therefor; also to vacate a money judgment upon such award of alimony entered December 7, 1920. Plaintiff and defendant were married in Brooklyn on June…
1Opinion of the Court
Putnam, J.:
So much of this decree as directs payment of alimony is in question. Could it bind an absentee? Can a money judgment thus taken by default stand because it is a part of divorce proceedings, or must jurisdiction be acquired by personal service, as in ordinary money judgments? Such a default judgment has two aspects. If in the proper form it can effectively dissolve the matrimonial status.- But so far as it purports to make one not served within the State pay money the court has exceeded its powers. The absent defendant may, therefore, accept the status decreed, even by his…
2Cases cited4 opinions
- Lynde v. . LyndeNew York Court of Appeals · 1900
- Rigney v. . RigneyNew York Court of Appeals · 1891
- Burch v. BurchAppellate Division of the Supreme Court of the State of New York · 1907
- Scragg v. ScraggNew York Supreme Court · 1892
3Cited by10 opinions
- May v. MayAppellate Division of the Supreme Court of the State of New York · 1931
- Robinson v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1938
- Robinson v. RobinsonNew York Supreme Court · 1924
- Myers v. MyersNew York Supreme Court · 1928
- Schneidman v. SchneidmanNew York Supreme Court · 1946
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