Legal Opinion

Martin v. Martin

Appellate Division of the Supreme Court of the State of New York

Decided June 3, 1910Published

Appeal by the plaintiff, Harriet Evelyn Martin, 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 6th day o.f October, 1908, denying the plaintiff’s motion to amend ' an interlocutory decree and final judgment in. an action for divorce.

1Opinion of the Court

Clarke, J.:

This was .an action for divorce. ■ An answer .was interposed' but the defendant did not appear upon the trial at Special Term. The complaint alleged the date of .the. márriáge to be the 30th of June, 1897, and writer alia asked that the plaintiff be awarded the custody of the only child of the marriage, a daughter six years old. The learned,court rendered his decision in writing June 18, 1907. He found the date of the marriage as the 30th day of June, 1897; that the plaintiff was a proper custodianand guardian for the-said child ; that the plaintiff was entitled to an interlocutory…

2Cases cited3 opinions

  1. Ladd v. . StevensonNew York Court of Appeals · 1889
  2. Matter of HendersonNew York Court of Appeals · 1898
  3. Gough v. McFallAppellate Division of the Supreme Court of the State of New York · 1898

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