Gardiner v. Gardiner
The Superior Court of New York City
Application for order of arrest. This was an action for limited divorce by Anna. E. Gardiner, against John H. Gardiner. The complaint alleged the marriage of the plaintiff to the defendant, and that both parties, were residents of this State. It then set forth in detail numerous acts of cruelty, and alleged: " Seventh.
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Application for order of arrest. This was an action for limited divorce by Anna. E. Gardiner, against John H. Gardiner. The complaint alleged the marriage of the plaintiff to the defendant, and that both parties, were residents of this State. It then set forth in detail numerous acts of cruelty, and alleged: " Seventh. That thé said defendant is engaged in a large, lucrative, and important business or occupation, and as this plaintiff is informed and believes, owns real estate to the amount of not less than $30,000 in value, and is possessed of personal estate to the amount of $40,000.” The…
1Opinion of the Court
Van Vorst, J.,
After consideration, granted the motion.
The order issued was as follows:
[Title of the cause.] “Order to arrest and hold to
“To the Sheriff of the County of New York.
It having been made to appear to me by the affidavit of Anna E. Gardiner, that a sufficient cause of ac*5tion exists against the defendant, John H. Gardiner, and that the case is one of those mentioned in article 1, chapter 7, title 1, of the New York Code of Civil Procedure, and that the ground of arrest is one stated in the New York Code of Civil Procedure, section 549, subdivision 2, and also in section 550,…
2Cited by2 opinions
- Blair v. BlairNew York Supreme Court · 1913
- Sturges v. SturgesNew York Supreme Court · 1921