Boller v. Boller
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,. ETaoini S'. Boiler, .and'by the corespondent, Theodore E- Lawton, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the County of ETew -York on the 24th day of Hay, 1905, Upon the decision of the court rendered after a trial at the ETew York Special Term granting the plaintiff ah absolute'divorce, with notice of an intention by the said Lawton tó bring- up for review upon such appeal…
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Appeal by the defendant,. ETaoini S'. Boiler, .and'by the corespondent, Theodore E- Lawton, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the County of ETew -York on the 24th day of Hay, 1905, Upon the decision of the court rendered after a trial at the ETew York Special Term granting the plaintiff ah absolute'divorce, with notice of an intention by the said Lawton tó bring- up for review upon such appeal an order entered in said clerk’s office on the 26th day,of. April, 1905,. denying his motion to strike the cause from…
1Opinion of the Court
Ingraham, J.:
The appeal in this case presents' a question arising under subdivision 2 of seótion 1757 of the Code of Civil Procedure, which does ■ not. appear to have been before decided. The action was, brought for an absolute divorce against the defendant, the complaint, charg- *241. ing that she at various times in the months of June, July, August and September, 1903, committed adultery with one T. E. Lawton. The defendant interposed an answer denying the adultery, whereupon on the 12th day of January, 1904, an order was entered by the Special Term directing, that the issues of fact raised by…
2Cases cited1 opinion
- Wood v. . SwiftNew York Court of Appeals · 1880
3Cited by13 opinions
- Hendrick v. BiggarAppellate Division of the Supreme Court of the State of New York · 1912
- Simons v. SimonsNew York Supreme Court · 1944
- Dicks v. DicksAppellate Division of the Supreme Court of the State of New York · 1913
- Tellegen v. TellegenAppellate Division of the Supreme Court of the State of New York · 1923
- Gunsberg v. GunsbergAppellate Division of the Supreme Court of the State of New York · 1922
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