Tefft v. Tefft

The plaintiff brought an action for a divorce on the ground of intolerable cruelty, the defendant defaulted, the case was heard uncontested, and judgment was entered dismissing the complaint on December 29, 1948 (Murphy, J.). On December 31, 1948, the plaintiff filed this motion to open the judgment in order to offer the testimony of a witness to corroborate the plaintiff as to acts of cruelty.

It appears that the court heard the plaintiff’s evidence on December 10, 1948, and at the end of the hearing the plaintiff requested a continuance in order to offer the testimony of a doctor. The court…