Alfaro v. Alfaro
| Citation | 198 N.Y.S.2d 318,7 N.Y.2d 949,165 N.E.2d 880 |
| Parties | , 165 N.E.2d 880 Agnes Mary Clarke ALFARO, Appellant, v. Carl E. ALFARO, Respondent. |
| Decision Date | 25 February 1960 |
| Court | New York Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 5 A.D.2d 770, 169 N.Y.S.2d 943.
Alleged second wife brought action against alleged husband for separation. The trial court, Elbert T. Gallagher, J., entered judgment adverse to the alleged second wife, and she appealed from so much of the judgment as dismissed the amended complaint, failed to adjudge that she was the wife of the alleged husband, failed to award her alimony and support as his wife, and failed to adjudge that he was estopped from repudiating a divorce decree, which he had obtained in Mexico from his former wife, prior to his marriage to alleged second wife.
The Appellate Division affirmed the judgment and held that findings made by the trial court were supported by substantial evidence and established that the Mexican court, which purported to grant the divorce, was without jurisdiction, and that under such circumstances, alleged husband was not estopped from asserting the invalidity of the Mexican decree as a defense in the action. Murphy and Ughetta, JJ., dissented.
The alleged second wife appealed to the Court of Appeals, and motions were made in the Court of Appeals to have the appeal heard on legible typewritten copies of the record and brief and to compel the alleged husband to pay the printing expenses.
The Court of Appeals, 6 N.Y.2d 753, 186 N.Y.S.2d 652, granted motion to have the appeal heard on the available copies of the record before the Appellate Division, together with ten legible typewritten copies of the additional papers and briefs.
Richard E. Bauman, New York City, for defendant-respondent.
Judgment affirmed, without costs.
All concur.
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...but without his appearance, that divorce would have been void (Alfaro v. Alfaro, 5 A.D.2d 770, 169 N.Y.S.2d 943, aff'd 7 N.Y.2d 949, 198 N.Y.S.2d 318, 165 N.E.2d 880). The Record on Appeal in the Alfaro case discloses that the husband had gone to Mexico for the single purpose of obtaining a......
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...action for separation, the invalidity of a Mexican decree divorcing him from his former wife, is the case of Alfaro v. Alfaro, 7 N.Y.2d 949, 198 N.Y.S.2d 318, 165 N.E.2d 880 (1960), where the Court of Appeals unanimously affirmed the Appellate Division, 5 A.D.2d 770, 169 N.Y.S.2d 943 (1958)......
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