Caldwell v. Caldwell
New York Court of Appeals
I. Tbe Mexican mail order divorce is a nullity and defendant is not estopped from questioning its validity. (Fischer v. Fischer, 254 N. T. 463; Maloney v. Maloney, 288 Y. 532; Btohes v. Btohes, 198 N. Y. 301; McGullen v. McGullen, 162 App. Div. 599; Earle v. Earle, 141 App.
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I. Tbe Mexican mail order divorce is a nullity and defendant is not estopped from questioning its validity. (Fischer v. Fischer, 254 N. T. 463; Maloney v. Maloney, 288 Y. 532; Btohes v. Btohes, 198 N. Y. 301; McGullen v. McGullen, 162 App. Div. 599; Earle v. Earle, 141 App. Div. 611; Matter of Burdah, 173 Mise. 839; Krause v. Krause, 282 N. Y. 355; Vose v. Vose, 280 N. Y. 779; Wynn v. Wynn, 188 Mise. 425; Querze v. Querze, 290 N. Y. 13; Fleischer v. Fleischer, 188 Mise. 402; Oldham v. Oldham, 174 Mise. 22.) II. Plaintiff is not entitled to tbe relief granted, even under tbe bolding of Krause…
1Opinion of the CourtCoNway, J.
We have presented to us tbe question of wbetber any effect may be given by our courts to a divorce obtained by mail from a court of a foreign nation at tbe instance of one domiciled in tbis State.
In 1939 plaintiff and defendant desired to marry. Before so doing it was necessary for defendant to divorce bis then wife. At first it was planned that be procure tbe divorce in Nevada. Due to monetary considerations, that scheme was abandoned and defendant’s wife was ashed to assist by going through a divorce proceeding in a Mexican court since that would be less costly and tbe divorce could be…
2Cases cited11 opinions
- Finlay v. FinlayNew York Court of Appeals · 1925
- Krause v. KrauseNew York Court of Appeals · 1940
- Erkenbrach v. . ErkenbrachNew York Court of Appeals · 1884
- Querze v. QuerzeNew York Court of Appeals · 1943
- Loomis v. LoomisNew York Court of Appeals · 1942
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3Cited by111 opinions
- Rosenbaum v. RosenbaumNew York Court of Appeals · 1955
- Langerman v. LangermanNew York Court of Appeals · 1952
- Rosenstiel v. RosenstielNew York Court of Appeals · 1965
- Litvaitis v. LitvaitisSupreme Court of Connecticut · 1972
- In re the Accounting of RathscheckNew York Court of Appeals · 1950
106 more not listed; retrieve them via the Exa API.