Maguire v. Maguire
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James Maguire, 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 9th day of June, 1902, opening the defendant’s default in an action for an absolute divorce.
1Opinion of the Court
McLaughlin, J.:
This action was brought to procure a divorce. The summons and complaint were personally served upon the defendant on the 28th of January, 1902. She did not appear in the action, and thereafter judgment was rendered dissolving the marriage contract oh the ground of defendant’s adultery. Some time after a certified copy of the judgment had been served upon the' defendant, she applied for leave to excuse her default and serve an answer. The motion was granted and the plaintiff has appealed.
We think this order should be reversed. There is nothing in the-*535moving papers which excuses…
2Cases cited1 opinion
- Allen v. Fowler & Wells Co.Appellate Division of the Supreme Court of the State of New York · 1899