Boller v. Boller
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,. ETaoini S'. Boiler, .and'by the corespondent, Theodore E- Lawton, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the County of ETew -York on the 24th day of Hay, 1905, Upon the decision of the court rendered after a trial at the ETew York Special Term granting the plaintiff ah absolute'divorce, with notice of an intention by the said Lawton tó bring- up for review upon such appeal…
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Appeal by the defendant,. ETaoini S'. Boiler, .and'by the corespondent, Theodore E- Lawton, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the County of ETew -York on the 24th day of Hay, 1905, Upon the decision of the court rendered after a trial at the ETew York Special Term granting the plaintiff ah absolute'divorce, with notice of an intention by the said Lawton tó bring- up for review upon such appeal an order entered in said clerk’s office on the 26th day,of. April, 1905,. denying his motion to strike the cause from…
1DissentO’Brien, P. J.
I dissent from^the views expressed by Hr. Justice Ingraham.
This is an action for divorce', on the statutory grounds brought by a husband against' his wife, in which he has. thus far been successful, having obtained an interlocutory judgment awarding him an absolute divorce, from which separate appeals have been taken both by the wife and by the corespondent named in the complaint. The sole question raised by the briefs of the appellants on this appeal relates to the rights of the corespondent under subdivision 2 of section 1757 of the Code of Civil Procedure, and, therefore, it is only…
2Cases cited4 opinions
- Wood v. . SwiftNew York Court of Appeals · 1880
- Billings v. BillingsAppellate Division of the Supreme Court of the State of New York · 1902
- Rixa v. RixaNew York Supreme Court · 1901
- Boller v. BollerAppellate Division of the Supreme Court of the State of New York · 1904