Van Blaricum v. . Larson
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 19, 1911, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The nature of the action, the facts, so far as material, and the questions certified, are stated in the opinion. Dower and the effect of divorce thereon is controlled by the jurisdiction where the land lies.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 19, 1911, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The nature of the action, the facts, so far as material, and the questions certified, are stated in the opinion. Dower and the effect of divorce thereon is controlled by the jurisdiction where the land lies. (Barrett v. Failing, 111 U. S. 523; Van Cleaf v. Burns, 133 N. Y. 542.) A woman who could not have obtained in New York a divorce on the grievance…
1Opinion of the CourtGray, J.
The plaintiff brought this action for the admeasurement of her dower in certain described lands. A demurrer to the complaint, upon the ground that it did not state facts sufficient to constitute a cause' of action, was overruled at the Special Term and an interlocutory judgment, thereupon, entered, was affirmed by the Appellate Division. An application of the defendants to appeal to this court was granted and this question was certified for our review: “Does the complaint state facts sufficient to constitute a cause of action ? ” The material allegations of the complaint, which are deemed to…
2Cases cited5 opinions
- Starbuck v. . StarbuckNew York Court of Appeals · 1903
- Matter of Estate of EnsignNew York Court of Appeals · 1886
- Wait v. . WaitNew York Court of Appeals · 1850
- The People v. . FaberNew York Court of Appeals · 1883
- Van Cleaf v. . BurnsNew York Court of Appeals · 1890
3Cited by12 opinions
- Meyer's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1940
- Huber v. HuberNew York Supreme Court · 1960
- Roessle v. RoessleAppellate Division of the Supreme Court of the State of New York · 1914
- Monroe County Savings Bank v. YeomanNew York Supreme Court · 1922
- Ruckert v. LasherAppellate Division of the Supreme Court of the State of New York · 1924
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