Legal Opinion
Zatarga v. Zatarga
New York Supreme Court
Decided October 18, 1949Published
1Opinion of the CourtDaly, J.
In an action for a separation brought by the wife against her husband and to set aside a separation agreement entered into by the parties on April 27, 1942, the defendant, appearing specially, moves for an order to vacate and set aside the service of the summons and complaint on the ground that the court has no jurisdiction of the person of the defendant inasmuch as he is domiciled in the State of Minnesota where process was served personally upon him.
It has been held that the important and vital question of jurisdiction should not be decided on affidavits (Wade v. Wade, 173 App. Div. 928;…
2Cases cited6 opinions
- Milliken v. MeyerSupreme Court of the United States · 1941
- Finsilver, Still & Moss, Inc. v. Goldberg, Maas & Co.New York Court of Appeals · 1930
- Muslusky v. . Lehigh Valley Coal Co.New York Court of Appeals · 1919
- Wade v. WadeAppellate Division of the Supreme Court of the State of New York · 1916
- David v. DavidAppellate Division of the Supreme Court of the State of New York · 1940
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