Dicks v. Dicks
Appellate Division of the Supreme Court of the State of New York
Appeal by the corespondent, Michael Sullivan, from an order of the Supreme Court, made at the Dutchess County Special Term and entered in the office of the clerk of the county of Orange on the 6th day of ¡November, 1912, denying his motion to vacate an interlocutory judgment of divorce and for permission to come in and defend the action.
1Opinion of the Court
Burr, J.:
It is not necessary to decide whether the corespondent is entitled as matter of right to appear and defend this action so far as the issues affect him. (Code Civ. Proc. § 1757, subd. 2.) In Boller v. Boller (111 App. Div. 240), relied upon by respondent, Mr. Justice Ingraham, writing for the majority of the court, says: “ I would have no doubt of the power of the court upon a proper case presented to set aside a verdict, decision or any other proceeding that had been completed in the action before the appearance of the corespondent, and thus give him an opportunity to defend; but no…
2Cases cited1 opinion
- Boller v. BollerAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- Tellegen v. TellegenAppellate Division of the Supreme Court of the State of New York · 1923
- Howatt v. HowattAppellate Division of the Supreme Court of the State of New York · 1913