Nolan v. Nolan
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Kings county. Action by Clara E. Nolan against Catherine L. F. Nolan and others. There was a judgment for defendants, and plaintiff appeals.
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Appeal from trial term, Kings county. Action by Clara E. Nolan against Catherine L. F. Nolan and others. There was a judgment for defendants, and plaintiff appeals. On the trial plaintiff offered a foreign record, authenticated as follows, which was excluded, viz.: “State of Illinois, Peoria County—ss.: I, Charles A. Rudel, clerk of the county court in and for the said county, in the state aforesaid, the same being a court of record having a seal, do hereby certify the foregoing to be a true, perfect, and complete copy of a return of the death of Blwood G. Bakins, with the original thereof…
1Opinion of the CourtWillard Bartlett, J.
The plaintiff, claiming to be the widow of Thomas Nolan, who died on the 7th day of July, 1897, brought this action for the admeasurement of her dower in certain lands in the city of Brooklyn of which he died seised. At the close of the evidence in her behalf, the learned judge at trial term dismissed the complaint, and from the judgment entered upon such dismissal the plaintiff appeals.
According to her theory of the case, she was married twice: First, to one Elwood Eakins, with whom she lived from March until September, 1892, when he forsook her, and went to Peoria, 111., where it is said…
2Cases cited2 opinions
- Jackson ex dem. Bogert v. KingNew York Supreme Court · 1825
- Fagan v. FaganNew York Supreme Court · 1890
3Cited by1 opinion
- Nolan v. NolanAppellate Division of the Supreme Court of the State of New York · 1899