Legal Opinion

Clapp v. Clapp

Appellate Division of the Supreme Court of the State of New York

Decided June 24, 1947Published

1Opinion of the CourtCallahan, J.

The plaintiff’s complaint in this action for absolute divorce has been dismissed for lack of jurisdiction. The *379trial court held that the plaintiff was not a resident of the State within the meaning of section 1147 of the Civil Practice Act.

In June, 1920, the plaintiff was married to the defendant in the State of Connecticut. Some time in 1939 the parties moved to this State and established a matrimonial domicile. When the defendant entered the military service early in 1942, the plaintiff and the defendant were living together in the city of New York. Except for a few months with her husband…

2Cases cited6 opinions

  1. In Re Revocation of Ancillary Letters Testamentary of the Estate of NewcombNew York Court of Appeals · 1908
  2. Dupuy v. . WurtzNew York Court of Appeals · 1873
  3. De Meli v. . De MeliNew York Court of Appeals · 1890
  4. Dickinson v. DickinsonNew York Supreme Court · 1892
  5. Wacker v. WackerAppellate Division of the Supreme Court of the State of New York · 1913

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