Boller v. Boller
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Naomi S. Boiler, 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 15th day of April, 1904, denying the defendant’s motion to vacate and set aside an interlocutory judgment of divorce theretofore entered in the above-entitled action.
1Per curiam
This action was brought to recover a judgment of divorce. Certain issues were tried before a jury and thereafter the cause was placed upon the Special Term calendar, Part 3, for trial.
*164At the trial the defendant did not appear and thereupon the plaintiff’s counsel moved,, upon the summons, complaint, notice of appearance and answer of the defendant, the order directing the trial by jury of the issues, the verdict-of the jury and the minutes of the clerk of the part where the jury trial had taken place for an interlocutory judgment. The motion was granted, notwithstanding the fact that no…
2Cited by2 opinions
- Boller v. BollerAppellate Division of the Supreme Court of the State of New York · 1906
- Peck v. MaherCity of New York Municipal Court · 1909