Elwell v. Elwell
New York Supreme Court
Action for a separation.
1Opinion of the CourtGreenbaum, J.
The proofs conclusively establish that the defendant, without just or lawful cause, excluded his wife from their home in New Jersey, and I should have no hesitancy in decreeing separation were it not for the question of jurisdiction that arises under section 1763 of the Code of Civil Procedure. The facts bearing upon this feature of the case may be stated as follows: The parties | were married in 1888 in Paris, France. They became resi-1 dents of this State in 1885, and continued as such residents for nearly nineteen years. In 1904 they removed to the State of New Jersey, where they both…
2Cases cited4 opinions
- Hunt v. . HuntNew York Court of Appeals · 1878
- Gray v. . GrayNew York Court of Appeals · 1894
- Bierstadt v. BierstadtAppellate Division of the Supreme Court of the State of New York · 1898
- Ensign v. EnsignNew York Supreme Court · 1907
3Cited by4 opinions
- McDonald v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1934
- Perrin v. PerrinNew York Supreme Court · 1931
- Brownrigg v. BrownriggNew York Supreme Court · 1913
- McDonald v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1934