In re Lane

Appellate Division of the Supreme Court of New York

In re Lane

232 A.D. 690

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

DecidedJanuary 15, 1931

StatusPublished

This text of 232 A.D. 690 (In re Lane) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Lane, 232 A.D. 690 (N.Y. Ct. App. 1931).

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Opinion

Order denying application of petitioner for an order of publication of a notice of presentation and object of petition for dissolution of a marriage pursuant to section 7-a of the Domestic Relations Law

‡ reversed upon the law and the facts, and the matter remitted to the Special T erm with directions to the Special Term te grant the application and sign the order therefor. The petition sufficiently sets out facts complying with section 7-a of the Domestic Relations Law. The [691]*691fact that continued absence of the missing spouse for five years last past was preceded by a voluntary desertion does not, as a matter of law, preclude a dissolution of the marriage. It is a circumstance to be considered upon the hearing under the petition in connection with the determination of the truth of the allegations necessary to be established under section 7-a before a dissolution of the marriage may be decreed. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.

Added by Laws of 1922, chap. 279, known as the Enoch Arden Act.— [Rep.

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Order denying application of petitioner for an order of publication of a notice of presentation and object of petition for dissolution of a marriage pursuant to section 7-a of the Domestic Relations Law

‡ reversed upon the law and the facts, and the matter remitted to the Special T erm with directions to the Special Term te grant the application and sign the order therefor. The petition sufficiently sets out facts complying with section 7-a of the Domestic Relations Law. The [691]*691fact that continued absence of the missing spouse for five years last past was preceded by a voluntary desertion does not, as a matter of law, preclude a dissolution of the marriage. It is a circumstance to be considered upon the hearing under the petition in connection with the determination of the truth of the allegations necessary to be established under section 7-a before a dissolution of the marriage may be decreed. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.

Added by Laws of 1922, chap. 279, known as the Enoch Arden Act.— [Rep.

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232 A.D. 690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lane-nyappdiv-1931.