Wortman v. Wortman
New York Supreme Court
Appeal from an order denying a motion to vacate judgment for irregularity. This was an action by Jacob Wortman against Harriet Wort-man for a divorce, on the ground of adultery. The summons was undertaken to be served by publication. The defendant did not appear.
Read the full summary
Appeal from an order denying a motion to vacate judgment for irregularity. This was an action by Jacob Wortman against Harriet Wort-man for a divorce, on the ground of adultery. The summons was undertaken to be served by publication. The defendant did not appear. A judgment of divorce was ordered on the 30th day of Hay, 1862. In April, 1863, the defendant made a motion, at special term, that the judgment be set aside and vacated for irregularity, because, among other reasons, the affidavit on which the order for publication was made did not show, or state, any facts to show that the defendant…
1Opinion of the CourtSutherland, P. J.
—As this was an action for divorce, and as it appears that since the judgment of divorce was obtained the plaintiff has married again, I have arrived at the conclusion, that the defendant’s motion, at the special term, should have been granted only after the gravest and most careful consideration, and I may say with great hesitation. But I am convinced, that to hold that the affidavit upon which the order for publication was made in this action authorized such order, would be establishing or approving a most mischievous and unauthorized precedent.
By the Code (§ 135), “ Where the person on…
2Cases cited1 opinion
- Hallett v. RightersNew York Supreme Court · 1856
3Cited by8 opinions
- Beach v. BeachSupreme Court Of The Territory Of Dakota · 1889
- Whittley v. WhittleyNew York Supreme Court · 1908
- In re the Probate of the Last Will & Testament of GahnNew York Surrogate's Court · 1920
- Slocum v. McLarenSupreme Court of Minnesota · 1909
- Berford v. New York Iron MineThe Superior Court of New York City · 1888
3 more not listed; retrieve them via the Exa API.