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Murphy v. Murphy

32 Misc. 2d 998, 228 N.Y.S.2d 357, 1961 N.Y. Misc. LEXIS 2172
CourtNew York Supreme Court
DecidedOctober 27, 1961
StatusPublished

This text of 32 Misc. 2d 998 (Murphy v. Murphy) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Murphy v. Murphy, 32 Misc. 2d 998, 228 N.Y.S.2d 357, 1961 N.Y. Misc. LEXIS 2172 (N.Y. Super. Ct. 1961).

Opinion

Mario Pittoet, J.

Motion by plaintiff husband for an order restraining and enjoining his wife from prosecuting her attempt to obtain an Alabama divorce is granted.

The husband has recently been served with a notice of suit and a ‘ ‘ Divorce Bill of Complaint ’ ’ in the Circuit Court of Lee County, Alabama, in an action brought there by his wife. However, defendant wife lives at 1975 Lenox Avenue, East Meadow, Long Island, New York, with their four infant children.

Accordingly, plaintiff husband is entitled to an order enjoining her from prosecuting further the Alabama divorce action (Garvin v. Garvin, 302 N. Y. 96; Hammer v. Hammer, 303 N. Y. 481). Motion to enjoin is therefore granted.

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Related

Garvin v. Garvin
96 N.E.2d 721 (New York Court of Appeals, 1951)
Hammer v. Hammer
104 N.E.2d 864 (New York Court of Appeals, 1952)

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Bluebook (online)
32 Misc. 2d 998, 228 N.Y.S.2d 357, 1961 N.Y. Misc. LEXIS 2172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphy-v-murphy-nysupct-1961.