Holmes v. Holmes
New York Supreme Court
This was an appeal by the plaintiff from- an order overruling his demurrer to the.plea of the defendant. Facts material to the decision appear in the opinion.
1Opinion of the Court
By the Court
Parker, J.
The plea to which the plaintiff has demurred shows two things, either of which, I am inclined to think, is sufficient to make the I.owa decree of divorce invalid and inoperative in this State.
1st. That the action for the divorce a vinculo matrimonii, in Iowa, proceeded entirely upon the ground of cruel and inhuman treatment, and final desertion, by the defendant, while the parties were domiciled in Columbus, in the State of Hew York, and before the plaintiff became a resident of the State of Iowa, the defendant never having resided there; and,
*3892d. That the only service of…
2Cases cited7 opinions
- Bradshaw v. HeathNew York Supreme Court · 1835
- Dunn v. DunnNew York Court of Chancery · 1834
- Vischer v. VischerNew York Supreme Court · 1851
- Dorsey v. DorseySupreme Court of Pennsylvania · 1838
- Jackson v. JacksonNew York Supreme Court · 1806
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In re Estate of SwalesAppellate Division of the Supreme Court of the State of New York · 1901
- Mellen v. MellenNew York Supreme Court · 1882
- Shepard v. WrightNew York Supreme Court · 1880
- Starbuck v. StarbuckAppellate Division of the Supreme Court of the State of New York · 1901
- Simmonds v. SimmondsNew York Supreme Court · 1912
6 more not listed; retrieve them via the Exa API.