Dulso v. Dulso
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sarah J. Dulso, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Steuben on the 24th day of June, 1915, upon a dismissal of the complaint upon the merits by direction of the court at the opening of the case. The complaint was dismissed upon the ground that it appeared upon the face thereof that the court had no jurisdiction of the subject of the action.
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Appeal by the plaintiff, Sarah J. Dulso, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Steuben on the 24th day of June, 1915, upon a dismissal of the complaint upon the merits by direction of the court at the opening of the case. The complaint was dismissed upon the ground that it appeared upon the face thereof that the court had no jurisdiction of the subject of the action. Before this motion was granted plaintiff asked leave to amend her complaint by adding to the allegation therein of the time and place of the marriage…
1Per curiam
Defendant and plaintiff are husband and wife. Plaintiff’s action is for a separation. One of the cases in which, as provided by section 1763 of the Code of Civil Procedure, such an action may be maintained -is, “ Where the parties were married within the' State, and the plaintiff is a resident thereof, when *68the action is commenced.” Plaintiff alleges in her complaint that she is a resident of the State of New York, but does not state where her marriage with defendant took place. It is conceded that because of this omission the complaint did not state a cause of action of which the court had…
2Cases cited6 opinions
- Meyers v. . American Locomotive Co.New York Court of Appeals · 1911
- Halpern v. Langrock Bros.Appellate Division of the Supreme Court of the State of New York · 1915
- People v. BaileyAppellate Division of the Supreme Court of the State of New York · 1909
- Henneke v. SchmidtAppellate Division of the Supreme Court of the State of New York · 1907
- Hogan v. GlueckAppellate Division of the Supreme Court of the State of New York · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Plotnitsky v. PlotnitskyAppellate Court of Illinois · 1926
- Eischen v. EischenAppellate Division of the Supreme Court of the State of New York · 1953
- People ex rel. Noel v. O'DellAppellate Division of the Supreme Court of the State of New York · 1920