Boslov v. Boslov

This is an application by the defendant under section 522 of the Civil Practice Act for an order setting aside a decree of separation in favor of the plaintiff on account of an error of fact not arising upon the trial of the separation action. The error of fact which is urged by the defendant is that the marriage of the plaintiff and the defendant was void because at the time of this marriage the defendant had a wife living from whom he had not been legally divorced. The plaintiff, for her part, asks for an allowance for counsel fees to resist this application.

On April 18, 1940, a judgment,…