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BERCOVITCH v. TANBURN

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


March 7, 1952

BERCOVITCH
v.
TANBURN

The opinion of the court was delivered by: MCGOHEY

This is a motion to dismiss the action for want of jurisdiction over the subject matter. Plaintiff, a citizen of Canada, is the mother-in-law of defendant, a citizen of New York. She brings this action to recover monies expended for claimed necessaries she allegedly provided her daughter, defendant's wife.

The motion is grounded upon the contention that this action involves domestic relations, a subject not within the jurisdiction of this court. I agree.

 The general principle is clear that 'The whole subject of the domestic relations of husband and wife, parent and child, belongs to the laws of the states,

19520307

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