Kirk v. Kirk

Order affirmed, without costs. Memorandum: Upon the argument counsel advised the court that the husband has now been found and publication of process upon him will not be necessary in order for the wife to institute her action for divorce. It is estimated by counsel that her financial needs in this matter will be less than $25. Under these circumstances we should not disturb the discretion exercised by Special Term, We do not question the principle enunciated in Emerson v. Emerson (33 A D 2d 1022). All concur except Cardamone, J., who dissents and votes to reverse the order in the following…