Wentworth v. Wentworth
New York Supreme Court
Motior by the defendant for an order allowing defendant to serve an amended answer. Second, “ and also that plaintiff be compelled to pay the defendant a reasonable sum- to enable -her to prepare and defend this action,. or for such other or further rule or order as the court may see fit.” The affidavit of the defendant and one of her attorney’s affidavit in support of the motion were read, and a stipulation that the motion be heard at the chambers of justice Hakdijv.
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Motior by the defendant for an order allowing defendant to serve an amended answer. Second, “ and also that plaintiff be compelled to pay the defendant a reasonable sum- to enable -her to prepare and defend this action,. or for such other or further rule or order as the court may see fit.” The affidavit of the defendant and one of her attorney’s affidavit in support of the motion were read, and a stipulation that the motion be heard at the chambers of justice Hakdijv. The plaintiff’s attorney reads his affidavit, giving a history of the proceedings in the action, and that affidavit shows that…
1Opinion of the CourtHardin, J.
—So far as any question arises upon this motion which was presented to the court and passed upon in the motion heard in July, 1875, the decision there must be adhered to and followed.
*291The order of July, 1875, is in force and binds the parties.
If either party desires to be relieved of the order, an application should be made to the court for leave to have a rehearing.
Upon such an application addressed to the discretion of the court, fresh facts or some good excuse should be furnished (Patterson agt. Bacon, 21 Howard, 478; Belmont agt. Erie R. R. Co., 52 Barb., 637).
If a new state of facts arise…
2Cases cited3 opinions
- Belmont v. Erie Railway Co.New York Supreme Court · 1869
- Erie Railway Co. v. RamseyNew York Supreme Court · 1870
- Leseuer v. LeseuerNew York Supreme Court · 1860
3Cited by2 opinions
- Enderlin State Bank v. JenningsNorth Dakota Supreme Court · 1894
- Dillaye v. BlairNew York Court of Appeals · 1849