, 1873-03-14
Divorces in this State by Kon-Residents
. .-.0pinion by Judge Farweu.
The Way They Treat "Non-Resi-
dent" Cases in New York.
1 Piano War...Scramblo for q 1O-Acre
Block-.-Leasing Another Mans
Land.
BIighted nopes.--Bankruptcy Criminal Court,
and Genera! Notes--.New Suits.

The answer Of the Assignee Of the estate Of
Ernst Brandt to the amended petition Of review
was argued before Judge Drummond yesterday,
Mr.. Homer Cook for the Assignee, aad Mr- Ella
(of Ella Parker) for Mrs. Brandt. The docu-
ment having been put in and read,
Mr. Ella atid this was not -nu answer to the
amendments to the petition III any way or shape.
It was a new defense. He Ela) had amended
the petition simply BY alleging that the wife was
WITHOUT means. They did not answer to that
for which purpose the continuation Was had,
but set up an entirely new defense.
The Court said the only question was whether,
It being the intention Of the Assignee to prose-
cute these parties, the Court would allow the
wife provision during the litigation.
Mr. Ella said that such litigation had not
commenced
The Court asked whether the bankrupt could
do nothing towards the support OF the wife.
Mr.. Ella said that the bankrupt had no means.
The rent Of the premises was S105 Per month.
Before the Court had considered the point
Mr. Cook asked whether Mr. Ella objected to
the answer or not.
Mr.. Ella said that he did not regard 1t rs IN
answer; but, it tho Court so regarded it, he
should except to it, or move tllat it be stricken
from the files.
Mr. Cook said that it the issue Was to be raised
IN the. court whether the wife had right to the
banhrupts property for her support, then he
should ask that the Court inquire into the en-
tire case, not upon that one issue alone, but
upon all the fncts that have bearing on it. Tho
original motion WAS to dissolve the injunction,
and he was prepared to Try that question here
to-dhy, but if Mr, Ella wanted to Sc into
othar matters than those tried in the District
Court, he should insist upon the whole question
being opened up. He insisted that all that the
bankrupt and his wife we're entitled to was the
property exempt at Law that the rife must
look to her husband for support, and that all
real eetate belongs to the credito1e, as in all
other bankrupts' estates.
Mr. Ella said that Was all very well but tho
fact was the answer was not an answer, and they
bad come into court for nothing. But, il Mr.
Cook IVES satisfied to let the answer stand, for
bis part, he Was willing to go On with the argu-
uent at once and he would Withdraw his mo-
ton to strike the petition from the files.
The Court thought the Assignee might file
bill in equity, and, meanwhile, it might be, a
temporary allowance could be made, the bill be-
Ing intended to test the question Of the w1e's
fights, and the allowance continuing 80 long a.
the cause was pending.
NJ. Cook should strenuously resist any pro-
BIZ. Ella did not feel exactly satisfied to let the
still hanging over, Mrs Brandt's head:
Mr.. Cook said he intended to file the bill in
few days.
The Court snid it had been conceded BY a1lpar-
lies that this conveyance had been made through
3 third party to Mrs. Brandt that Brandt was
make the conreyance- Nov: the Assignee comes
In and alleges that it all belongs to the creditors,
and that the conveyance ~was fraudulent he
thought that nothing could ba done until the bill
was fled; when fled, he had no doubt that =
temporary order could ba made BY the Court.
"A heightened discusgon enBued, during which
the jurisdiction Of the Court was discussed, and,
It being made apparent that the Circuit Court
had power to do 80, the Court made the follow 1
ing order:
It Is ordered BY the Court that the order for In
junction Of tho District Court made the Bankrupt
e9 20 a. INT the s s'd a. q
Fabrusry for The premises known - No. 133 M1wau-
tee aysnue the ese to be .pgled to the support q
family It is further ordered by the Court that said
Ahgnee b and he Is hereby ordered md directed to e
ssnd s the III d Ernst B1and n and .
sgrsed tha the proofs taken and On flo the bsnf
ID an.l hearing of said bil in equity.
W. E'tss K the aua sz sscon g. IL f5safS
professed to BE- ignorant as to, several
matters on, which counsel closely ques-
toned her; but she stated. among
n ,s that sna 's Sseoa se
OH from the rent OF the property In dispute
that she had never paid for the rant-producing
property, but Was given it by her husband when
b. Tne solvent, on sick bed, expecting to ode; dc;
her husband paying her $50 per month for the
premises occupied By him; and, finally, that she
signed some paper, In connection With some
e1.6oo matter, to Gimbels, Lindhuer g tlofsheim'
zwo ASPECTS or DIyoRcE-Two JUDGES oPH1oSs
Yesterday, Judge Farwe1l delivered an opinion
IN the application Of comp1ainants non-resident
r. this State A numbers Of sash +smn cases are BE-
courts, the opinion will be read with interest.
His Honor said:
This is bill nled by the husband against his wife,
bssn eomned cd n a sate The defeadsnt W. not
te1yed with process The complainant aled IN ahda~
ss seee asds!
pis,naa e. ea'as e. . ez,'asa I'M S Being L. t ea
not res1de in this State, but Ut Detroit Mich The
question. therefore, azises whether th. Court has jur
ysd decree Of divorce can b. entered. do not ind
auy precedent any good reason to warrant decree
but thst nnder our statute It IL necessary that the
complainant ehould be resident Of this State but
ns tst unless one Of the PARTIES Is omlciisd in The
State where the suit is brought or unless they Tolqn
tariy appear OF defendant Is personally barred WITH
peoceas. The court has no turisdicHon, and cannot
enter decree Of divorce that will BE- recognized IS
valid decree by tho courts Of other States or q foreign
count-ies Although there Is great diversity N the
xs various countries a to WHIT mu,. 20 sne
xas entered into and where the alleged odense was
committed bearing upon the question = TO was[e
hs suit must be brought, yet upon the point nov
Il Practice. due regard for the rights Of psrties
for public sentiment, and for international laW
:ountrie, should lead Us IN Ike this to sct upon
inch rus as win bo generally recognized q correct
Where there Ia any room for discretion, = divorce
should not be granted By tho courts Of this state
shich would be tfeaed yod by ths courts o. o1set
10 allow m.n rexidnR in smother State to oouae or
send hare, and havs suit commenced as.inst nls
vile she not being resident Of this stae OF hppe1-
Ing In the served with process, and upon "a
ex parte hearing to obtain deeree Of divorce 1he
default heretofore entered must be set Aatde and inc
t0t dt1ntsead for R1nt of tu1isdlction. :.