The People v. . Baker
New York Court of Appeals
Error to the General Term of the Supreme Court, in the fourth judicial department, to review order reversing a judgment of the Court of Sessions in and for the county of Cayuga, entered upon a verdict convicting defendant in error of the crime of bigamy ; the order granted a new trial.
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Error to the General Term of the Supreme Court, in the fourth judicial department, to review order reversing a judgment of the Court of Sessions in and for the county of Cayuga, entered upon a verdict convicting defendant in error of the crime of bigamy ; the order granted a new trial. (Reported below, 15 Hun, 256.) The indictment charged, and the evidence on the part of the prosecution tended to show, that in the year 1871 defendant in error was married to one Sallie West, in the State of Ohio, and that in November, 1874, while she was still living, ho married one Eunice Nelson, at Auburn,…
1Opinion of the CourtFolger, J.
As we look at this case, it presents this question : Can a court, in another State, adjudge to be dissolved and at an end, the matrimonial relation of a citizen of this State, domiciled and actually abiding hero throughout the pendency of the judicial proceedings there, without a voluntary appearance by him therein, and with no actual notice to him thereof, and without personal service of process on him in that State.
We assume, in putting this proposition, that the defendant in error was in the situation therein stated. We think that it may properly be thus assumed. It is true, that the first…
2Cases cited10 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Hunt v. . HuntNew York Court of Appeals · 1878
- Cheever v. WilsonSupreme Court of the United States · 1870
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- Kinnier v. . KinnierNew York Court of Appeals · 1871
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3Cited by92 opinions
- Haddock v. HaddockSupreme Court of the United States · 1906
- Atherton v. AthertonSupreme Court of the United States · 1901
- De Meli v. . De MeliNew York Court of Appeals · 1890
- Lynde v. . LyndeNew York Court of Appeals · 1900
- Van Matre v. SankeyIllinois Supreme Court · 1893
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