Vischer v. Vischer
New York Supreme Court
This was a suit for a divorce a vinculo matrimonii, for the adultery of the defendant. The parties were residents of and married in this state, on the 10th day of January,%L844 ; and for a time cohabited as man and wife here, during which there was issue one child, now living.
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This was a suit for a divorce a vinculo matrimonii, for the adultery of the defendant. The parties were residents of and married in this state, on the 10th day of January,%L844 ; and for a time cohabited as man and wife here, during which there was issue one child, now living. But some difficulty arising, the plaintiff filed a bill in the court of chancery of this state, to obtain a decree of separation; which was granted, and entered on the 30th day of March, 1846. The decree was proved in this cause before the referee, by which it appeared, that upon the bill, answer and replication and…
1Opinion of the CourtHand, J.
This cause, unfortunately, brings not only the laws of this, in conflict with those of a sister state ; but is of vital importance to more than the immediate parties. Probably the peace and welfare of a third party, relying upon the decree of the court in the state of Michigan, is involved in the present controversy.
The domicil of the husband is prima facie that of the wife. (Whitcomb v. Whitcomb, 2 Curties, 351. Jackson v. Jackson, 1 John. 425. 2 Kent, 431, n.) And usually, a change of that of the former, changes the latter. But if separated by a decree of a competent court, and the wife…
2Cases cited16 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Mills v. DuryeeSupreme Court of the United States · 1813
- Borden v. FitchNew York Supreme Court · 1818
- Starbuck v. MurrayNew York Supreme Court · 1830
- The Venus, Rae, MasterSupreme Court of the United States · 1814
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3Cited by24 opinions
- Hunt v. . HuntNew York Court of Appeals · 1878
- The People v. . BakerNew York Court of Appeals · 1879
- People v. DawellMichigan Supreme Court · 1872
- Yorke v. YorkeNorth Dakota Supreme Court · 1893
- Cook v. CookWisconsin Supreme Court · 1882
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