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Smith v. Smith

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eBook details

  • Title: Smith v. Smith
  • Author : Supreme Court of Connecticut
  • Release Date : January 27, 1962
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 52 KB

Description

The facts in this case are not in dispute. At
the commencement of the action, which was brought
under General Statutes 46-29 and sought a legal
separation, alimony, counsel fees, and custody of
a minor child, both the plaintiff wife and the
defendant husband were residents of the state of
Connecticut. The facts as to residence and the
attendant circumstances make it clear that the
domicil of each was then in Connecticut. Prior
to the institution of this suit, the defendant
had left the family home in Madison, Connecticut,
and moved into an apartment in Hartford which he
had leased for a six-month period expiring May 31,
1960. Service of process was made on him on
February 11, 1960, by leaving a true and attested
copy of the process at his apartment in Hartford,
which was his usual place of abode. The day before,
on February 10, he had left the state of Connecticut
and gone to New York City, where he stayed two and
one-half days en route to Nevada. Before he left
Connecticut, he knew that the plaintiff was instituting
this action and the nature of it. He knew, before he
left New York City for Nevada, that process had
been left at his apartment on February 11. Process
was never manually served on him. While the defendant was absent from Connecticut,
the plaintiff, on March 17, 1960, moved for alimony
pendente lite and counsel fees in connection with
her action. No copy of this motion was served on
the defendant. On May 20, 1960, the court, after a
hearing, ordered the defendant to pay the plaintiff
$80 per week as alimony pendente lite and $500 as
counsel fees. The defendant was not
[150 Conn. 18]


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