Legal Opinion

De Meli v. . De Meli

New York Court of Appeals

Decided June 3, 1890PublishedCited by 95 opinions

Cross appeals from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 26, 1887, which affirmed a judgment upon decision of the court on trial at Special Term. This action was brought for separation on the alleged ground of cruel and inhuman treatment.

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Cross appeals from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 26, 1887, which affirmed a judgment upon decision of the court on trial at Special Term. This action was brought for separation on the alleged ground of cruel and inhuman treatment. The defendant, by his answer, put in issue the allegations of the complaint essential to that relief, and by way of counterclaims, alleged abandonment of him by the plaintiff, also the commission by her of adultery, and asked as affirmative relief,, first, separation, or,…

1Opinion of the CourtBradley, J.

The parties were married at Dresden, in the kingdom of Saxony, in March, 1870, and in October, 1881, plaintiff at that place left her husband, came to Hew York and in March, 1882, commenced this action for separation by obtaining an order for publication of the summons and causing the summons with the complaint to be pei’sonally served upon the defendant in the city of Dresden, Germany. The defendant, by his answer, denied that he was a resident of the state of Hew York at the time of the commencement of the action, and alleged that the court was without jurisdiction of its subject-matter.…

2Cases cited14 opinions

  1. Hunt v. . HuntNew York Court of Appeals · 1878
  2. Dupuy v. . WurtzNew York Court of Appeals · 1873
  3. Becker v. . KochNew York Court of Appeals · 1887
  4. The People v. . BakerNew York Court of Appeals · 1879
  5. Bischoff v. WetheredSupreme Court of the United States · 1870

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3Cited by95 opinions

  1. Starbuck v. . StarbuckNew York Court of Appeals · 1903
  2. Reynolds v. Lloyd Cotton MillsSupreme Court of North Carolina · 1919
  3. McCarthy v. . McCarthyNew York Court of Appeals · 1894
  4. Herron v. PassailaigueSupreme Court of Florida · 1926
  5. People v. MelskiNew York Court of Appeals · 1961

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