Strong v. Strong
The Superior Court of New York City
Appeal by the defendant, in an action for a divorce a vinculo, from an order made at a special term, denying a motion ' to vacate the order settling the issues on the original pleadings, on the ground that those issues were improperly framed within the decision of this court, reported 3 Rob. 719.
1Opinion of the Court
By the Court,
Moncrief, J.
There are several reasons why the order should be affirmed.
First. A motion to set aside a proceeding for irregularity must be made promptly, and before the moving party takes another step in the cause. (Persse & Brooks Paper Works v. Willet, 14 Abb. Pr. 119. Low v. Graydon, Id. 443. Lawrence v. Jones, 15 id. 110.) There was an interval of eight months between the entry of fhe order complained of, and the motion to set it aside. Many steps have been taken on the part of the defendant, and it is said the issues have been upon the day calendar during this preriod, and…
2Cases cited4 opinions
- Wood v. WoodNew York Court of Chancery · 1830
- Nash v. HamiltonNew York Supreme Court · 1856
- People v. GaffneyThe Superior Court of New York City · 1872
- Persse & Brooks Paper Works v. WilletThe Superior Court of New York City · 1862