Byrnes v. Byrnes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Martin P. Byrnes, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 17th day of May, 1905, setting aside a judgment of separation theretofore entered in favor of the defendant.
1Opinion of the Court
McLaughlin, J.:
The parties hereto were married in 1902, and this action was brought to procure a judgment of separation.
The answer set up a counterclaim and asked for the same relief as that demanded in the complaint. The issues were sent to a referee to hear and'.deter mine, who, after a trial, had found-in favor *536of. the defendant and upon his report, on the 13th of November, 1903, a final judgment of separation was entered. At the time the judgment Was entered the plaintiff was under twenty-one years of age, and a guardian ad litem had not been appointed for her in the action. Upon this…
2Cases cited3 opinions
- In Re the Several Accountings of the Executors of TildenNew York Court of Appeals · 1885
- Arnold, Duncan & others v. SandfordNew York Supreme Court · 1817
- Maynard v. DownerNew York Supreme Court · 1835
3Cited by5 opinions
- Anderson v. AndersonAppellate Division of the Supreme Court of the State of New York · 1914
- People v. Siciliano, New York County Courts1952
- Anonymous v. AnonymousAppellate Division of the Supreme Court of the State of New York · 1959
- Horvath v. BrettschneiderNew York City Court · 1928
- Frankel v. RubinNew York Supreme Court · 1921