Rupp v. Rupp
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Eichard 0. Eupp, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county óf Kings, on the 23d day of August, 1912, annulling a marriage, with notice of an intention to bring up for review two interlocutory judgments entered in said clerk’s office on the 27th day of June, 1911, and the 21st day of May, 1912, respectively.
1Opinion of the Court
Rich, J.:
When this case was hereupon a former appeal (See 147 App. Div. 912) it was difficult to determine what the pleader had in mind. Some of the allegations of the complaint were inconsistent, ■ many were immaterial, and there was a doubt as to whether it was intended to allege that the South Dakota court obtained jurisdiction of the subject-matter or the parties in the action in that State, which was resolved in favor of the plaintiff. Upon this appeal, however, it Conclusively appears that Eva Winslow Eupp, the.plaintiff in the Dakota action, was domiciled in the State of South Dakota;…
2Cases cited3 opinions
- Kinnier v. . KinnierNew York Court of Appeals · 1871
- Guggenheim v. . WahlNew York Court of Appeals · 1911
- Ruger v. . HeckelNew York Court of Appeals · 1881
3Cited by5 opinions
- Sorensen v. SorensenAppellate Division of the Supreme Court of the State of New York · 1927
- Rosenberg v. PerlesNew York Supreme Court · 1944
- Adair v. AdairAppellate Division of the Supreme Court of the State of New York · 1923
- Conklin v. ConklinNew York Supreme Court · 1943
- Wolf v. WolfNew York Supreme Court · 1948