Boyer v. Boyer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frank W. Boyer, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 22d day of July, 1908, appointing a receiver for the defendant, who had refused to pay alimony as directed by the judgment in an action for separation.
1Opinion of the Court
Rich, J.:
Rule 76 of the General Rules of Practice provides that “ No judgment annulling a marriage contract or granting a divorce, or for a separation or limited divorce, shall be made of course by the default of the defendant, or in consequence of any neglect to appear at the hearing of the cause, or by consent.”
It appeal’s that the findings upon which the judgment was based were agreed upon by the parties; that the judgment was entered by consent, and that no evidence was given in support of the allegations in the complaint; in other words, that the judgment was entered by consent of the…
2Cases cited2 opinions
- Matter of MooreNew York Court of Appeals · 1888
- Pratt v. PrattAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by6 opinions
- Bernstein v. StrammielloNew York Supreme Court · 1952
- Bolognino v. BologninoNew York Supreme Court · 1930
- Sigmund v. SigmundAppellate Division of the Supreme Court of the State of New York · 1931
- Greenfield v. GreenfieldAppellate Division of the Supreme Court of the State of New York · 1926
- Tuska v. Heller, Hirsh & Co.Appellate Division of the Supreme Court of the State of New York · 1910
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