Hamilton v. Hamilton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Hattie Maud Fitzsimons, sued as Hattie Maud Hamilton, 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 29th day of March, 1898, denying her motion to open a judgment taken by default and allow her to defend said action upon the merits.
1Opinion of the Court
O'Brien, J.:
A judgment of absolute divorce, upon the ground of the defendant’s adultery, was entered on the 24th of February, 1898. The defendant served a notice of appearance and demand in the action, but interposed no answer, and for the latter failure judgment was entered. The day after entry of judgment the defendant changed her attorneys and obtained an order of substitution. Subsequently, on March seventh, an order to show cause was obtained to open the default and allow the defendant to interpose her answer, which was annexed to the motion papers, together with her affidavit of merits.…
2Cited by3 opinions
- Graham v. GrahamWashington Supreme Court · 1909
- Mott v. MottAppellate Division of the Supreme Court of the State of New York · 1909
- Krupinski v. KrupinskiAppellate Division of the Supreme Court of the State of New York · 1964