Reese v. Reese

Appellate Division of the Supreme Court of New York

Reese v. Reese

268 A.D. 993, 51 N.Y.S.2d 685, 1944 N.Y. App. Div. LEXIS 4600

Appellate Division of the Supreme Court of the State of New York·Decided December 4, 1944·Published·Cited by 10 cases

Opinion

In at action for separation, in which the appellant interposed a defense that, he had obtained a Florida decree of divorce, judgment in favor of the plaintiff unanimously affirmed, with costs. The weight of the evidence supports the finding of Special Term that the appellant, when he brought his action for divorce in Florida, was not domiciled there. The decree, based upon constructive service only, was, therefore, not entitled to recognition. (Bell v. Bell, 181 U. S. 175; Matter of IAndgren, 293 N. Y. 18; Matter of Bingham, 265 App. Div. 463, motion for leave to appeal denied, 290 N. Y. 929.) Present — Close, P. J., Carswell, Adel, Lewis and Aldrich, JJ. [See 179 Misc. 665.]

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In at action for separation, in which the appellant interposed a defense that, he had obtained a Florida decree of divorce, judgment in favor of the plaintiff unanimously affirmed, with costs. The weight of the evidence supports the finding of Special Term that the appellant, when he brought his action for divorce in Florida, was not domiciled there. The decree, based upon constructive service only, was, therefore, not entitled to recognition. (Bell v. Bell, 181 U. S. 175; Matter of IAndgren, 293 N. Y. 18; Matter of Bingham, 265 App. Div. 463, motion for leave to appeal denied, 290 N. Y. 929.) Present — Close, P. J., Carswell, Adel, Lewis and Aldrich, JJ. [See 179 Misc. 665.]

Reese v. Reese, 268 A.D. 993, 51 N.Y.S.2d 685, 1944 N.Y. App. Div. LEXIS 4600 (N.Y. Ct. App. 1944).

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Opinion

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