Brooks v. Brooks
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Irene G. Brooks, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 9th day of October, 1919, upon the decision of the court after a trial at the Kings County Special Term dismissing the complaint for want of jurisdiction over the defendant.
1Opinion of the Court
Blackmar, J.:
This is an action for divorce on the ground of adultery. The summons was served by publication and the defendant has not appeared. The trial justice found all the facts in favor of the plaintiff, but dismissed the complaint on the ground that the service of the summons by publication was insufficient to confer upon the court jurisdiction over the defendant.
The first publication was on Saturday, the twenty-sixth of April. Then followed five other publications, each on Saturday of the succeeding week. Consequently, excluding the first publication and including the last, the…
2Cases cited2 opinions
- Market National Bank v. Pacific National BankNew York Court of Appeals · 1882
- Young v. FowlerNew York Supreme Court · 1893
3Cited by3 opinions
- Smith v. ButlerAppellate Division of the Supreme Court of the State of New York · 1926
- Karchman v. KarchmanNew York Supreme Court · 1928
- Smith v. ButlerAppellate Division of the Supreme Court of the State of New York · 1926