Legal Opinion

Shaw v. Shaw

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

Decided April 30, 1913PublishedCited by 1 opinion

Appeal by the plaintiff, Gertrude L. Shaw, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 6th day of March, 1913. ■

1Opinion of the Court

Thomas, J.:

The plaintiff had an interlocutory judgment for divorce, entered May 28, 1912, which was affirmed by this court in February, 1913. (155 App. Div. 252.) On July 12, 1912, the only corespondent appeared, demanded a copy of the complaint, which was served; the corespondent answered, and.moved to set aside the interlocutory judgment and to settle issues, and from the granting order this appeal is taken.

The motion papers showed that examinations by physicians reveal physical conditions in the corespondent indicative of virginity. Plaintiff offered the testimony of several physicians…

2Cases cited1 opinion

  1. Shaw v. ShawAppellate Division of the Supreme Court of the State of New York · 1913

3Cited by1 opinion

  1. Tellegen v. TellegenAppellate Division of the Supreme Court of the State of New York · 1923

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