Wyman v. Wyman, 9230.
| Decision Date | 14 February 1940 |
| Docket Number | No. 9230.,9230. |
| Citation | 109 F.2d 473 |
| Parties | WYMAN v. WYMAN. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Albert Hilliard, of Reno, Nev. (Harry Gittleson and Martin Koeppel, both of Brooklyn, N. Y., of counsel), for appellant.
Brown & Belford, George S. Brown, and John S. Belford, all of Reno, Nev., for appellee.
Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.
The appellant and appellee, who, for convenience, will sometimes be referred to as the husband and the wife, intermarried at Greenwich, Connecticut, February 20, 1920. There were no children as a result of the union. The husband alleges that on or about October 25, 1932, he became a resident of the County of Washoe, State of Nevada, and, alleging extreme cruelty, filed in that state on December 12, 1932, a suit for divorce from the appellant. On the same day he filed an "Affidavit for Publication of Summons" in said action, in which he set forth that the defendant therein, Hazel C. Wyman, was a resident of Westhampton Beach, Long Island, New York, and in which permission was requested to make service of the summons by means of publication and mailing or, in lieu thereof, that personal service of said summons upon the defendant outside of the State of Nevada should be the equivalent of completed service by publication and deposit in the post office. An order granting the request was signed by a judge of the court in which the complaint was filed. Personal service of the summons is claimed to have been made on the wife December 15, 1932. Hazel C. Wyman did not answer or appear, and judgment was entered in favor of the husband by the Nevada court on January 17, 1933.
December 30, 1932, the wife commenced an action for separation and for alimony in the Supreme Court of the State of New York, County of Suffolk, against Rodney E. Wyman, appellee here. The husband appeared in the New York action by filing an answer which contained a counterclaim praying for a judgment of separation in his favor. The record does not disclose whether this appearance was made before or after the date of the Nevada divorce decree. On June 2, 1936, a judgment was rendered for the wife in the New York action, separating the wife "from the bed and board" of the husband and ordering the husband to pay the wife $200 per week for her support and maintenance from July 24, 1933, and granting judgment against the husband for $26,400 for the alimony due and unpaid from July 24, 1933, to May 20, 1936. The judgment was entered on June 10, 1936.
On July 24, 1936, the wife filed this action in the court below to recover on the judgment in the New York action the sum of $26,400 plus interest at 6% from June 2, 1936. She alleged in her complaint that she was a citizen of and resided in New York and that the husband was a citizen of and resided in Nevada, and, in addition, alleged rendition of the judgment in the New York action. The husband answered, admitting the allegations of the complaint, except the date of the commencement of the New York action, the rendition of the judgment therein, the finality thereof, and that the same was due and payable, all of which...
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M. Snower & Co. v. United States
...allegation that it bore the burden of the taxes. Two1 of the three cases cited in support of this proposition give the third, Wyman v. Wyman, 9 Cir., 109 F.2d 473, as authority. This case cites Phenix v. Bijelich, 30 Nev. 257, 95 P. 351, which gives as authority Walling v. Brown, 9 Idaho 18......
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United States v. Hole
...but must also be deemed to have admitted the untruth of all his own allegations which have been denied by his adversary." Wyman v. Wyman, 9 Cir., 109 F.2d 473, 474. In Central Trust Co. v. Second National Bank, D.C.W.D.Pa. Feb. 23, 1939, 1 F.R.D. 98, 99, the court said: "The reason assigned......
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Austad v. United States
...of the opposing party are accepted as true. The allegations of the moving party which have been denied are taken as false. Wyman v. Wyman, 9 Cir., 109 F.2d 473, 474. Only if it appears that, on the facts so admitted, the moving party is clearly entitled to prevail can the motion be granted.......
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Wyman v. Wyman, 208.
...of Appeals and the judgment reversed, February 14, 1940, and the case remanded "for trial of the issues of fact raised", Wyman v. Wyman, 9 Cir., 109 F.2d 473, 474. Trial was had and judgment for defendant ordered October 7, 1940, findings of fact and judgment entered for defendant, December......