Tietzel v. Tietzel
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Viola T. Tietzel, 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 Kings on the 16th day of October, 1907, denying the defendant’s motion that the issue of adultery raised by the pleadings herein be tried by a W-
1Opinion of the Court
Woodward, J.:
This ‘is an action for divorce. The charge - of adultery is contained in the 3d paragraph of the complaint. The answer denies each and every allegation contained in that paragraph. The question of the defendant’s adultery, therefore, was the only issue presented by the pleadings. The defendant noticed the case for trial in the Kings County Special Term beginning on the first Monday of June, 1907. The plaintiff’s attorney inadvertently neglected to file a note of issue for that term in due time, whereupon the defendant’s attorney signed the consent upon which the court ordered the…
2Cases cited2 opinions
- MacKellar v. . RogersNew York Court of Appeals · 1888
- Lowenthal v. . LowenthalNew York Court of Appeals · 1898
3Cited by2 opinions
- Jacob v. SchiffNew York Supreme Court · 1913
- Haff v. HaffNew York Supreme Court · 1909