Hoffman v. . Hoffman
New York Court of Appeals
Appeal from judgment of the late General Term of the first judicial district, affirming judgment entered upon decision of the court in favor of plaintiff. The action is brought for a divorce upon the ground of adultery. The answer admits the adultery, but sets up a decree "of divorce obtained by defendant in the State of Indiana.
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Appeal from judgment of the late General Term of the first judicial district, affirming judgment entered upon decision of the court in favor of plaintiff. The action is brought for a divorce upon the ground of adultery. The answer admits the adultery, but sets up a decree "of divorce obtained by defendant in the State of Indiana. The facts appearing upon the trial are sufficiently stated in the opinion. that under the Constitution of the United States (section 1, article 4) the Indiana decree was valid and binding here, Mills v. Duryea (7 Cranch, 481); Constitution, art. 4, § 1; Kemp's Lessee…
1Opinion of the CourtPeokham, J.
There is but one question in this case. Is the judgment of divorce, obtained by the defendant against the plaintiff in the State of Indiana, of any force here % From the facts as found by the referee, and sustained by the proof, it appears that on the 7th day of April, 1857, the defendant applied to a court in Indiana for a divorce, and obtained a judgment therefor on the fifth of June following, within two months after presenting his petition. ■ He obtained it upon the ground of adultery committed by this plaintiff.
But at the time of commencing his suit there, and while it was pending, both…
2Cases cited6 opinions
- Christmas v. RussellSupreme Court of the United States · 1866
- Cheever v. WilsonSupreme Court of the United States · 1870
- Starbuck v. MurrayNew York Supreme Court · 1830
- Shumway v. StillmanNew York Supreme Court · 1831
- Kerr v. . KerrNew York Court of Appeals · 1869
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3Cited by35 opinions
- Hunt v. . HuntNew York Court of Appeals · 1878
- Kamp v. . KampNew York Court of Appeals · 1874
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- Jones v. . JonesNew York Court of Appeals · 1888
- Sewall v. SewallMassachusetts Supreme Judicial Court · 1877
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