Lake v. Lake
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Grace M. Lake, from an order of the Supreme Court, made at the Washington Special Term and entered in the office of the clerk of the county of Washington on the 14th day of October, 1907, denying a motion to set aside a judgment of divorce and for other relief.
1Concurrence
Chester, J. (concurring)':
If the provision in the order granting leave to renew the motion upon further or additional evidence was inserted therein by request of the plaintiff, and for her benefit, I would agree that she should not at the same time have the benefit of that provision and also of the right to appeal, but there is nothing in this record showing that the provision was inserted at her request or for her benefit. She is here insisting, as she did at the Special Term, that the papers used upon the motion were sufficient to require the granting of the relief she' asked. The court…
2Cases cited2 opinions
- In re the Contract for Constructing the Hudson Water WorksAppellate Division of the Supreme Court of the State of New York · 1906
- Wells, Fargo & Co. v. Wellsville, Coudersport & Pine Creek RailroadAppellate Division of the Supreme Court of the State of New York · 1896