Moot v. . Moot
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 19, 1914, which affirmed an order of Special Term settling the issues in an action for divorce for trial before a jury.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 19, 1914, which affirmed an order of Special Term settling the issues in an action for divorce for trial before a jury. The Appellate Division certified the following questions: “1. Is that portion of rule 31 of the General Rules of Practice which reads as follows, viz.: ‘In all actions where either party is entitled to have an issue or issues of fact settled for trial by a jury, either as a matter of right or by leave of the court if either party desires such…
1Opinion of the Court
Willard Bartlett, Ch. J.
The order of the Special Term which has been affirmed by the Appellate Division and which this permitted appeal brings up for review, granted an application for the settlement of the issues relative to the alleged adultery of the defendant and directed that they be submitted to a jury for trial, notwithstanding that the motion therefor was not made within the time prescribed by rule 31 of the General Rules of Practice as amended in 1910. This was in effect a decision that the moving party was not in default, because the rule was invalid.
Three out of the four Appellate…
2Cases cited4 opinions
- Matter of DaviesNew York Court of Appeals · 1901
- Cohen v. CohenAppellate Division of the Supreme Court of the State of New York · 1914
- Halgren v. HalgrenAppellate Division of the Supreme Court of the State of New York · 1914
- Stafford v. StaffordAppellate Division of the Supreme Court of the State of New York · 1914
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- In re the Estate of WebbNew York Surrogate's Court · 1923
- Broome County Farmers' Fire Relief Ass'n v. New York State Electric & Gas Corp.Appellate Division of the Supreme Court of the State of New York · 1933
- New York Investors, Inc. v. Laurelton Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1930
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