Legal Opinion

Fawcett v. Fawcett

New York Supreme Court

Decided December 15, 1899PublishedCited by 1 opinion

Action for an absolute divorce.

1Opinion of the CourtGildeksleeve, J.

The action is for an absolute divorce, instituted by the husband. The wife has not appeared in the action, and her default has been taken. The only proof of service of the summons and complaint on the defendant is furnished by the affidavit of one William E. Fawcett, who, in addition to the ordinary allegations, set forth in an affidavit of the service-of-a sum*674mons, swears that he is the brother of the plaintiff and knows the defendant very well. While, perhaps, this affidavit may, technically speaking, comply with the requirements of rule 18 of the General Rules of Practice, still I think…

2Cited by1 opinion

  1. Delling v. DellingNew York Supreme Court · 1901

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