Appellate Division of the Supreme Court of New York, 1945

McCarthy v. McCarthy

McCarthy v. McCarthy
Appellate Division of the Supreme Court of New York · Decided January 29, 1945
268 A.D. 1070; 52 N.Y.S.2d 817; 1945 N.Y. App. Div. LEXIS 5524
McCarthy v. McCarthy

Opinion of the Court

Appeal by defendant from an interlocutory judgment of divorce. Judgment unanimously affirmed, without costs. The weight of the evidence supports the finding of Special Term that defendant went to Nevada for the express purpose of obtaining residence or domicile there for the required statutory period which would enable her to maintain in the Nevada courts an action for divorce, and that she had no intention of establishing a bona fide residence or domicile in that State. Present — Hagarty, Acting P. J., Johnston, Adel, Lewis and Aldrich, JJ. [179 Misc. 623.]

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