Legal Opinion

McVickar v. McVickar

New York Supreme Court

Decided August 18, 1924PublishedCited by 4 opinions

1Opinion of the CourtTompkins, J.

We have here a husband in the unusual and novel position of asking the court to set aside an order, made on hia *645wife’s application, vacating an interlocutory judgment in her favor and discontinuing her undefended action for an absolute divorce in which the husband did not even appear.

Before the expiration of three months from the entry of the interlocutory decree in her favor, the plaintiff in this action made an ex parte application to the court for an order vacating said decree and discontinuing the action. Her reasons therefor, as stated in her affidavit, seemed to be reasonable and…

2Cases cited3 opinions

  1. Matter of Petition of ButlerNew York Court of Appeals · 1886
  2. Carleton v. . DarcyNew York Court of Appeals · 1878
  3. In re Anthony-streetNew York Supreme Court · 1839

3Cited by4 opinions

  1. Armstrong v. ArmstrongNew York Supreme Court · 1941
  2. Dudgeon v. DudgeonNebraska Supreme Court · 1942
  3. Burgher v. BurgherNew York Supreme Court · 1945
  4. Owens v. OwensNew York Supreme Court · 1932

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