Bell v. Bell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frederick A. Bell, from a judgment, of the Supreme Court in favor of the plaintiff, entered in the office: of the clerk of the county of Erie on the 3d day of July, 1895, upon the report of a referee. The action was brought to obtain a divorce on statutory grounds.
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Appeal by the defendant, Frederick A. Bell, from a judgment, of the Supreme Court in favor of the plaintiff, entered in the office: of the clerk of the county of Erie on the 3d day of July, 1895, upon the report of a referee. The action was brought to obtain a divorce on statutory grounds. December 22, 1894, this, action was begun by the personal service of the summons and complaint on the defendant at the city of Buffalo for the purpose of obtaining a judgment of divorce on the ground of his alleged adultery. The defendant appeared and filed an answer in which he denies the commission of the…
1Opinion of the Court
Follett, J.:
The plaintiff not having been personally served with process and never having- appeared in the action- prosecuted in the Court' of Common Pleas of the State of Pennsylvania, had the right to attack the judgment rendered by that court, on the ground that it never acquired jurisdiction -over her, and also, on the ground that the plaintiff in that action was not a citizen of Pennsylvania,. and it. was competent to support her contention by oral and documentary evi* dence. The recitals .in the Pennsylvania judgments were not con* elusive nor binding on her-. (Thompson v. Whitman, 18…
2Cases cited5 opinions
- Thompson v. WhitmanSupreme Court of the United States · 1874
- Kerr v. . KerrNew York Court of Appeals · 1869
- Laing v. RigneySupreme Court of the United States · 1896
- Williams v. . WilliamsNew York Court of Appeals · 1891
- Atherton v. AthertonNew York Supreme Court · 1894
3Cited by11 opinions
- In re Estate of SwalesAppellate Division of the Supreme Court of the State of New York · 1901
- David-Zieseniss v. ZiesenissNew York Supreme Court · 1954
- Standish v. StandishNew York Family Court · 1943
- McGown v. McGownAppellate Division of the Supreme Court of the State of New York · 1897
- Meyers v. MeyersNew York Supreme Court · 1943
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