Mabbett v. Mabbett
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Cacelie Mabbett, 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 4th day of May, 1921, vacating a judgment for separation and opening defendant’s default.
1Opinion of the Court
Page, J.:
The plaintiff brought an action for a judicial separation from her husband on the ground of abandonment and nonsupport. The defendant defaulted in appearing and pleading, and the cause was tried, resulting in a judgment of separation and for twenty dollars per week alimony. The defendant served a notice of motion “ for an order vacating the judgment entered, dated March 31, 1921, and opening the default of the defendant and setting aside all proceedings had herein; and for .such other and further relief as shall be just and equitable.” A short-form order was entered which stated: “…
2Cases cited1 opinion
- Gewirtz v. GewirtzAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by3 opinions
- Haas v. HaasNew York Court of Appeals · 1948
- Pignatelli v. PignatelliNew York Supreme Court · 1938
- Dworkin v. DworkinAppellate Division of the Supreme Court of the State of New York · 1936