Henderson v. Henderson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ella C. Henderson, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of March, 1903, denying the defendant’s motion to open a default.
1Opinion of the Court
Ingraham, J.:
This action was for a divorce. The defendant answered denying the charge of adultery and set up a counterclaim charging the plaintiff with adultery and asking for an affirmative judgment. The issues of fact were framed for trial before a jury and* the cause was placed upon the calendar of the Trial Term. That trial seems to have been adjourned several times on account of the illness of the defendant. It finally came on the day calendar on the 17th of February, 1903. At this time the plaintiff was ready, but it was stated that the defendant was ill and a certificate of a physician…
2Cited by2 opinions
- Mott v. MottAppellate Division of the Supreme Court of the State of New York · 1909
- Fox v. FoxAppellate Division of the Supreme Court of the State of New York · 1911