De Meli v. De Meli

— The plaintiff brings this action under section 1762 of the Code of Civil Procedure, to obtain a separation from the defendant.

The first answer of the defendant attacks the jurisdiction of the court; and he claims that, under the facts as they appear, he was not, at the time of the commencement of the action, a resident of the state of New York, as required by section 1763, subdivision 1, and that for that reason the. court has not obtained jurisdiction. From evidence in the case, it appears that the defendant was born in the city of New York, in the year 1842; that his father was a…