Freeman v. Freeman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Nellie M. Freeman, from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of Saratoga on the 27th day of December, 1907, denying the plaintiff’s application for an interlocutory judgment in an action for divorce and setting aside all proceedings in the action since the issuance of the summons.
1Opinion of the Court
Sewell, J.:
It appears from the record that this action was brought to obtain a divorce on the ground of adultery. The summons and complaint were not legally served, but the defendant employed an attorney *602who appeared and served upon the plaintiff’s attorney a copy of the answer, duly subscribed by him, which put in issue the allegation of adultery. Thereafter a notice of trial was served by him for a Special Term for trials. The attorneys for the plaintiff and defendant consented to a reference, whereupon the court designated a referee and an order was entered referring the issues without the…
2Cases cited8 opinions
- Jones v. . JonesNew York Court of Appeals · 1888
- McCarthy v. . McCarthyNew York Court of Appeals · 1894
- In re the Trustees of the New York & Brooklyn BridgeNew York Court of Appeals · 1878
- Lynde v. LyndeAppellate Division of the Supreme Court of the State of New York · 1899
- People Ex Rel. Gilmour v. HydeNew York Court of Appeals · 1882
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3Cited by2 opinions
- Hoyt v. Ogden Portland Cement Co.District Court, N.D. New York · 1911
- McClure Newspaper Syndicate v. Times Printing Co.Appellate Division of the Supreme Court of the State of New York · 1914