O'Dea v. . O'Dea

4 N.E. 110, 101 N.Y. 23, 1 How. Pr. (n.s.) 271, 56 Sickels 23, 1885 N.Y. LEXIS 1095

• Court: New York Court of Appeals
• Decided: December 22, 1885
• Status: Published

Opinions

Per Gariam.

We think the case of People v. Baker (76 N. Y. 78), is conclusive on the question brought up by this appeal, viz.: Whether the court in the State of Ohio had jurisdiction to try the issue raised by the petition of K., as between him and his wife, she then being a non-resident of Ohio, and never a resident of that State, nor at any time there served with process of the court. There are some differences in the detail of the circumstances of the two cases, but we think not enough to lead to any change in the result, nor sufficient to require a reconsideration of the law affecting it. The Baker Case was of great importance, involving, as it did, the liberty of a citizen; it was most fully argued, and we do not perceive that the discussion in the case at bar has developed any new principle, or brought to light any authority which was not then weighed by us. We do not think the question can be more fully investigated. Concerning the result there was, it is true, a dissent by the late learned chief judge, and the opinion recognized the fact that in other States, judgments contrary to the authorities followed in this State liad been rendered. This conflict of opinion, however much to be regretted, continues, and it yet remains for some ultimate authority to relieve the point from the difficulties now attending it, and determine the civil rights of parties whose relations, as legally defined by different State tribunals, are liable to be regarded on one side of the State line as matrimonial, and on the other side as meretricious. Adhering, however, to the rule established in this State, a majoj'ity of the court are of opinion that the order appealed from should be reversed and the judgment of the Special Term affirmed, but without costs.