The New York herald., 1922-03-18
NJUNCTIONS TO BAR
Reno DIVORCE suits.
Appellate Division Prevents
Gwathmey From Suing
Wife in Florida.
HITS AT FAKE CASES
Opens Way to Stop Actions
Against New Workers. i'm
Other States.
DONE FIFTY YEARS AGO
Edwin Forrest Was Frustrated
Then in Only Other Case
on Record.
DONE FIFTY YEARS AGO

A decision which has vital bearing
on all actions for divorce filed in Ne
rada, or in any other State agains.
residents of this State, was handed
down yesterday by the Appellate Di-
vision when 1t sustained an injunction
granted by Justice Donnelly in the
Supreme Court last July.
Tie decision makes permanent the
order restraining Archibald B. Gwath-
mey, Jr., stock broker of 20 Exchange
place. from prosecuting an action he
started last April in Florida for a di-
vorce from Mrs. Isabelle G. Gwath-
mey. The decision, which was rem
dered by unanimous vote, holds that
Gwathmey's change of residence was
a fraud upon lis wife's matrimonial
rights, as they were married in New
York and had their domicile in New
York.
Under the decision persons married
in this city or having their matrimonial
tumieilc here cannot go TO Reno or to
r,y Other place outside Of New York
= ate anu set up TCSluencc lndI VIII
T. recognized as legal.
This decision said Edmund L..
Elocney. counsel for Mrs. Gwathmey,
''ounds the death llnell for fake
divorces. and it goes long way toward
solving n national situation which has
given rise to much agitation for a ma
tional divorce law. Any one may go
into the Supreme Court Of New York
now whenever an action is started
against him or her in another State, and
get an injunction"
1t was the contention of Mr. Mooney
that both Mr.. and Mrs. Gwathmey were
residents of New York and that Mr..
Gwathmey had stated fraudulently in
his divorce action that he was resi-
dent OF Florida. In previous actions
filed in other States against New York
ers, with one exception. the person sued
has permitted the action to go by de-
fault and has then attacked the decree
in this State on the ground that the
court had no jurisdiction. IL anything
at all has been done.
The Gwathmeys were married in 1895
and separated In September. 1919. In
her petition for an injunction Mrs.
Gwathmey said her husband wanted her
to 20 to Reno and divorce him. She
said he promised not to contest the ac-
tion and to reward her handsomely. She
refused. She received the summons IN
the Florida action last May 3.
In her petition Mrs. Gwathmey cor
tended that she could not afford to GO
to Florida to resist the suit because she
had only $4,000 a year income from
property given to her by her husband.
Gwathmey based his suit In Florida on
the ground of desertion. He was repre-
scnted by Col. William Rand.
The precedent cited by the Appellate
Division in the decision in the Gwath-
mey case is the case of Forrest VS.. For
rest. in which Edwin Forrest, the actor.
was sued for divorce in this State in
1850. He went to Pennsylvania and
started an action on the ground OF de-
sertion. Charles O'Conor, counsel for
Mrs. Forrest. appealed to Justice Ed
monds, who granted similar injunc-
tion. There has been no reported case
Up to date. according to lawyers. where
similar relief has been granted.