In re Rahill

Appellate Division of the Supreme Court of New York

In re Rahill

249 A.D. 753, 291 N.Y.S. 967, 1936 N.Y. App. Div. LEXIS 5871

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

DecidedDecember 15, 1936

StatusPublished

This text of 249 A.D. 753 (In re Rahill) 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 Rahill, 249 A.D. 753, 291 N.Y.S. 967, 1936 N.Y. App. Div. LEXIS 5871 (N.Y. Ct. App. 1936).

Pincite

Opinion

Upon appeal by petitioner from an order denying his application for a dissolution of his marriage pursuant to section 7-a of the Domestic Relations Law, the order is reversed on the law and the facts and the petition is granted, without costs. The court at Special Term denied petitioner’s application upon the ground that the wife at the time she left petitioner took with her a five-year-old child of the marriage, and the evidence on the hearing did not account for the whereabouts of the child. We are of the opinion that the petitioner’s testimony was sufficient upon which to base an order dissolving the marriage, notwithstanding his failure to account for the child. (Frankish v. Frankish, 206 App. Div. 301.) Carswell, Davis and Adel, JJ., concur; Lazansky, P. J., and Hagarty, J., dissent and vote to affirm on the ground that the efforts made by the petitioner to ascertain the whereabouts of his wife were far too superficial.

Free access — add to your briefcase to read the full text and ask questions with AI

Upon appeal by petitioner from an order denying his application for a dissolution of his marriage pursuant to section 7-a of the Domestic Relations Law, the order is reversed on the law and the facts and the petition is granted, without costs. The court at Special Term denied petitioner’s application upon the ground that the wife at the time she left petitioner took with her a five-year-old child of the marriage, and the evidence on the hearing did not account for the whereabouts of the child. We are of the opinion that the petitioner’s testimony was sufficient upon which to base an order dissolving the marriage, notwithstanding his failure to account for the child. (Frankish v. Frankish, 206 App. Div. 301.) Carswell, Davis and Adel, JJ., concur; Lazansky, P. J., and Hagarty, J., dissent and vote to affirm on the ground that the efforts made by the petitioner to ascertain the whereabouts of his wife were far too superficial.

Cite This Page — Counsel Stack

Bluebook (online)

249 A.D. 753, 291 N.Y.S. 967, 1936 N.Y. App. Div. LEXIS 5871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rahill-nyappdiv-1936.

Opinion

Related

Cite This Page — Counsel Stack