Winston v. Winston
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Walker Winston, from so much of a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 2d day of' March, 1898, upon the report of a referee, as adjudges and decrees that the complaint should be dismissed upon the merits, and also from so much of said judgment as adjudges and decrees that the court has no jurisdiction to make any judgment disposing of the custody of the infant, Lillian Winston, the child…
Read the full summary
Appeal by the plaintiff, Walker Winston, from so much of a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 2d day of' March, 1898, upon the report of a referee, as adjudges and decrees that the complaint should be dismissed upon the merits, and also from so much of said judgment as adjudges and decrees that the court has no jurisdiction to make any judgment disposing of the custody of the infant, Lillian Winston, the child of the parties. Also an appeal by the defendant, Lillie Winston, from that portion of said judgment which adjudges and…
1Opinion of the Court
McLaughlin, J.:
This appeal is from a judgment dismissing the complaint in an action for divorce. The allegations of the • complaint were denied and the defendant set up in her answer that she had procured a divorce from the plaintiff in the Territory of Oklahoma. She also set up counter charges of adultery against him. Upon the trial it was established that the Oklahoma divorce was obtained without' service of process on this plaintiff within that Territory, and also that he did not appear in the action and that he was at all times during the pendency of the action a resident of the State of…
2Cases cited5 opinions
- Moller v. . MollerNew York Court of Appeals · 1889
- In Re the Application for Letters of Administration of the Goods, Chattels and CreditsNew York Court of Appeals · 1898
- Bell v. BellAppellate Division of the Supreme Court of the State of New York · 1896
- McGown v. McGownAppellate Division of the Supreme Court of the State of New York · 1897
- Mott v. MottAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- People ex rel. Ludden v. WinstonNew York Supreme Court · 1901
- People ex rel. Winston v. WinstonAppellate Division of the Supreme Court of the State of New York · 1901