Legal Opinion

Percival v. Percival

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1905PublishedCited by 7 opinions

Appeal by the plaintiff, Edward S. Percival, from a judgment of the Supreme Court in favor of the defendant,, entered in the office of the clerk of the county of Kings on the 29th day of April, 1904, upon the decision of the court, rendered after a trial at the Kings County Special Term, dismissing the plaintiff’s complaint.

1Opinion of the Court

Kelly, J.:

The decision ■ of this case-. involves the validity of a decree of divorce absolute obtained by the defendant against the plaintiff in the Court of Chancery of New Jersey, in the year 18(96, on the ground of willful, continued and obstinate desertion for more than two years, a ground for absolute divorce recognized under the laws ■ of the State of New Jersey, but hot by the laws of the State of New York. The divorce in quéstion was not obtained by service of process on the defendant (the plaintiff in this action) within the State of New Jersey, nor is there any pretense that he made…

2Cases cited11 opinions

  1. Bell v. BellSupreme Court of the United States · 1901
  2. Cheever v. WilsonSupreme Court of the United States · 1870
  3. Starbuck v. . StarbuckNew York Court of Appeals · 1903
  4. De Meli v. . De MeliNew York Court of Appeals · 1890
  5. The People v. . BakerNew York Court of Appeals · 1879

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3Cited by7 opinions

  1. Kaufman v. KaufmanAppellate Division of the Supreme Court of the State of New York · 1917
  2. Standish v. StandishNew York Family Court · 1943
  3. Powell v. PowellAppellate Division of the Supreme Court of the State of New York · 1925
  4. In re the Estate of BakerNew York Surrogate's Court · 1920
  5. Kaufman v. KaufmanNew York Supreme Court · 1916

2 more not listed; retrieve them via the Exa API.

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