Legal Opinion · Dissent

Claim of Wheeler v. Stewart Mapping Service

Appellate Division of the Supreme Court of the State of New York

Decided January 8, 1976Published

1Dissent

Herlihy, P. J. (dissenting).

The appellants in the application for review to the board stated the issue regarding the claimant’s status as widow as follows: "It is the carrier’s contention that predicated upon the Rules of Civil Procedure in the State of Tennessee that such a purported decree setting aside divorce is invalid and illegal and the Divorce Decree must stand as originally set forth since no one undertook to set it aside within thirty (30) days after the granting thereof.”

Upon this appeal the appellants contend that the decree of the Tennessee Chancery Court must be disregarded as a…

2Cases cited5 opinions

  1. Williams v. North CarolinaSupreme Court of the United States · 1945
  2. Claim of Farber v. U. S. Trucking Corp.New York Court of Appeals · 1970
  3. In re Estate of JosephNew York Court of Appeals · 1970
  4. Lynch v. LynchNew York Court of Appeals · 1963
  5. Lynch v. LynchAppellate Division of the Supreme Court of the State of New York · 1962

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