Legal Opinion

Guibord v. Guibord

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

Decided June 26, 1956PublishedCited by 5 opinions

1Opinion of the CourtFrank, J.

This is an action for a declaratory judgment. The remedy, being essentially discretionary, the authority of each *35case must necessarily depend upon the facts therein presented (Engel v. Engel, 275 App. Div. 14, 17).

The defendants appeal from an order denying their motion to dismiss the complaint (Rules Civ. Prac., rule 106, subd. 4; rule 107, subd. 4). The plaintiff and the defendant Jean G-uibord were married and resided in this jurisdiction until January 8, 1951. In July of that year the wife proceeded to Reno, Nevada, and while there, was, on July 9, 1951, personally served (pursuant to…

2Cases cited9 opinions

  1. James v. Alderton Dock Yards, Ltd.New York Court of Appeals · 1931
  2. Willing v. Chicago Auditorium Assn.Supreme Court of the United States · 1928
  3. Jones v. . JonesNew York Court of Appeals · 1888
  4. Fischer v. FischerNew York Court of Appeals · 1930
  5. Garvin v. GarvinNew York Court of Appeals · 1953

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3Cited by5 opinions

  1. Saratoga County Chamber of Commerce, Inc. v. PatakiNew York Court of Appeals · 2003
  2. Brennan Center for Justice v. New York State Board of ElectionsNew York Supreme Court · 2016
  3. Fairhaven Properties, Inc. v. Garden City Plaza, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
  4. Flans v. Federal InsuranceAppellate Division of the Supreme Court of the State of New York · 1977
  5. Saratoga County Chamber of Commerce, Inc. v. PatakiNew York Court of Appeals · 2003

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