Willard v. Willard
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ella Guthrie Willard, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of .the clerk of the county of Suffolk on the 13th day of October, 1920, which denied the plaintiff’s motion to confirm the report of a referee in favor of granting an absolute divorce to the plaintiff, vacated the order of reference and directed the case to be tried in open court.
1Opinion of the Court
Blackmar, J.:
The evidence in behalf of the plaintiff sustained the allegations of the complaint; but the learned court at Special Term, on its own motion, denied the motion to confirm the referee’s report, vacated the order of reference and directed the case to be tried in open court. The action of the court was based on its opinion that notwithstanding the affidavit of counsel for the defendant there was no intention of defending the action, and that, therefore, the court which made the order of reference was misled into so exercising its discretion.
We do not think the record justifies the…
2Cases cited1 opinion
- Pratt v. PrattAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by9 opinions
- People v. JenningsNew York Court of Appeals · 1986
- Fried v. Lakeland Hide & Leather Co.New York Supreme Court · 1958
- Blasi v. BoucherAppellate Division of the Supreme Court of the State of New York · 1968
- Maggiore v. MaggioreAppellate Division of the Supreme Court of the State of New York · 1975
- Heaberkorn v. MacraeNew York Supreme Court · 1962
4 more not listed; retrieve them via the Exa API.