Cheney v. Cheney

Helen S. Cheney instituted a proceeding in the Family Court Division of the Domestic Relations Court of the City of New York by filing a petition therein to compel support from her husband Joseph K. Cheney, the respondent-appellant. The husband was not served with a summons or other process, nor did he appear in court to answer the charge. A subpoena to appear as a witness was issued by the court directed to Dr. W. Walter Cheney, a brother of the husband. When Dr. Cheney attended in response to the subpoena he moved to vacate it upon the ground that the court had acquired no jurisdiction over…