Townsend v. Townsend
New York Court of Chancery
The bill was filed in this cause by the husband against his wife for a divorce on the ground of adultery. The defendant pleaded a decree of separation between the parties to which they had both consented, as a condonation of the offence and in bar of the suit. On argument of the plea the same was overruled on the merits. And notice of the order overruling the plea was "duly served on the solicitor for the defendant.
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The bill was filed in this cause by the husband against his wife for a divorce on the ground of adultery. The defendant pleaded a decree of separation between the parties to which they had both consented, as a condonation of the offence and in bar of the suit. On argument of the plea the same was overruled on the merits. And notice of the order overruling the plea was "duly served on the solicitor for the defendant. After the time for appealing had passed, and the time for answering had expired, but before any order to take the bill as confessed had been actually entered.
1Opinion of the Court
The Chancellor
decided that as the proceedings on the part of the complainant had all been regular, and there had been no missaprehension or mistake on the part of the defendant’s counsel, it was not in the power of the court to extend the time for appealing. Such a proceeding he said would be a virtual repeal of the statute ; that this case differed from that of Smith v. Smith, ( 1 Paige’s R. 391,) where the time for appealing was prescribed by a rule of the court. But he gave the defendant time to put in an answer, provided she did not set up the same matter, which had been decided on the…
2Cited by2 opinions
- Garner v. PrewittSupreme Court of Alabama · 1858
- Mount v. Van NessNew Jersey Superior Court Appellate Division · 1881