Jones v. Jones
New York Supreme Court
Appeal from special term, Madison county. Action by Cassia A. Jones against Richard E. Jones for a divorce. Defendant had judgment, and plaintiff moved to vacate and set aside the same. From an order denying the motion, plaintiff appeals.
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Appeal from special term, Madison county. Action by Cassia A. Jones against Richard E. Jones for a divorce. Defendant had judgment, and plaintiff moved to vacate and set aside the same. From an order denying the motion, plaintiff appeals. Plaintiff, in her complaint, alleged that on the 3d day of September, 1865, at Hastings, Barry county, Mich., she was married to the defendant, and that they lived as man and wife until some two years previous to the commencement of this action, and, in her complaint, stated numerous alleged acts of adultery committed by the defendant without her consent,…
1Opinion of the CourtHardin, P. J.
1. So far as the moving papers contain allegations of collusion, fraud, or corruption on the part of the attorney of the plaintiff in conducting the proceedings, they are fully met by contradictions, explanations, and affirmative statements found in the opposing affidavits and papers. The power of this court to annul a judgment or set aside one for fraudulent practices in obtaining the same is undoubted. Smith v. Nelson, 62 N. Y. 288. In Ross v. Wood, 70 N. Y. 8, it was said “that the fraud or accident which will authorize interference with judgments must be unmixed with negligence on the…
2Cases cited12 opinions
- Hunt v. . HuntNew York Court of Appeals · 1878
- Ward v. . Town of SouthfieldNew York Court of Appeals · 1886
- MacKellar v. . RogersNew York Court of Appeals · 1888
- Ross v. . WoodNew York Court of Appeals · 1877
- Mayor, Etc., of N.Y. v. . BradyNew York Court of Appeals · 1889
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3Cited by2 opinions
- Belle v. BrownOregon Supreme Court · 1900
- Petrie v. Trustees of Hamilton CollegeNew York Supreme Court · 1895