Reynolds v. Reynolds
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Monroe county. Action by Charles H. Reynolds against Katherine E. Reynolds. Defendant appealed from an order denying a new trial on the incoming of a referee’s report. The following is the opinion of the court below (WERNER, J.): “We are somewhat embarrassed in the consideration of this motion, by the fact that another motion, made upon the same grounds, was granted by this court.
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Appeal from special term, Monroe county. Action by Charles H. Reynolds against Katherine E. Reynolds. Defendant appealed from an order denying a new trial on the incoming of a referee’s report. The following is the opinion of the court below (WERNER, J.): “We are somewhat embarrassed in the consideration of this motion, by the fact that another motion, made upon the same grounds, was granted by this court. The order granting said motion was reversed by the appellate division of this department upon the sole ground that the same was not made upon a case and exceptions, as required by the rules…
1Per curiam
Defendant rests her motion upon the grounds: (1) Surprise; (2) negligence of defendant’s former counsel; and (3) because of newly-discovered evidence,—which several grounds are discussed in an opinion delivered by the judge who held the special term that granted the order from which the appeal is taken. The discussion found in that opinion on those subjects is satisfactory. After a careful perusal of the affidavits and the case, the impression is not entertained that the testimony proposed to be given by the defendant would necessarily or probably produce a different result. Nor is the proof…
2Cases cited4 opinions
- McCarthy v. . McCarthyNew York Court of Appeals · 1894
- Moller v. . MollerNew York Court of Appeals · 1889
- Mott v. MottAppellate Division of the Supreme Court of the State of New York · 1896
- Hobby v. HobbyNew York Supreme Court · 1869
3Cited by3 opinions
- Strom v. StromNorth Dakota Supreme Court · 1956
- Goldie v. GoldieNew York Supreme Court · 1902
- Dean v. DeanNew York Supreme Court · 1926