Legal Opinion

Atherton v. . Atherton

New York Court of Appeals

Decided March 1, 1898PublishedCited by 22 opinions

Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered January 14, 1895, affirming a judgment in favor of plaintiff granting her a limited divorce, entered upon a decision of the court on trial at Special Term. • The facts, so far as material, are stated in the opinion. The Kentucky judgment is a bar to this action.

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Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered January 14, 1895, affirming a judgment in favor of plaintiff granting her a limited divorce, entered upon a decision of the court on trial at Special Term. • The facts, so far as material, are stated in the opinion. The Kentucky judgment is a bar to this action. (U. S. Const, art. 4, § 1; U. S. R. S. § 905; Pennoyer v. Neff, 95 U. S. 914; Arndt v. Griggs, 134 U. S. 316; Lynch v. Murphy, 161 U. S. 247; Nelson on Divorce, § 28; 2 Kent’s Com. 460; Scudder v. U. Nat. Bank, 91 U. S. 406;…

1Opinion of the CourtBartlett, J.

The defendant seeks on this appeal the reversal of a judgment for limited divorce recovered against him by his wife.

The judgment rests upon the finding of the trial court that the defendant liad treated the plaintiff in such a cruel and inhuman manner that it rendered it unsafe and improper for her to cohabit with him and justified her in seeking a separate residence; it gives her alimony and the custody of the only child of the marriage.

The plaintiff, a young lady of refinement and excellent social position, was married, when twenty-two years old, to the defendant at her father’s house in…

2Cases cited9 opinions

  1. Hunt v. . HuntNew York Court of Appeals · 1878
  2. De Meli v. . De MeliNew York Court of Appeals · 1890
  3. The People v. . BakerNew York Court of Appeals · 1879
  4. Kerr v. . KerrNew York Court of Appeals · 1869
  5. Jones v. . JonesNew York Court of Appeals · 1888

4 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Olmsted v. OlmstedSupreme Court of the United States · 1910
  2. Olmsted v. . OlmstedNew York Court of Appeals · 1908
  3. Alzmann v. MaherAppellate Division of the Supreme Court of the State of New York · 1930
  4. Crimm v. CrimmSupreme Court of Alabama · 1924
  5. Bergman v. BergmanSupreme Court of Florida · 1940

17 more not listed; retrieve them via the Exa API.

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