Everett v. . Everett
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department., entered January 7, 1904, affirming a judgment in favor of plaintiff entered upon a decision of the court on tidal at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The Appellate Division disposed of the appeal upon an erroneous theory of the action. First.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department., entered January 7, 1904, affirming a judgment in favor of plaintiff entered upon a decision of the court on tidal at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The Appellate Division disposed of the appeal upon an erroneous theory of the action. First. By affirming the judgment they have given the plaintiff the entire ultimate relief which she claimed, while avowedly refusing in their opinion to consider whether either upon the…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] In this action the plaintiff sought to set aside a judgment which the defendant had procured against her in the year 1888. The allegations of the complaint in substance are that the judgment was procured by the defendant against the plaintiff by fraud. The courts below have impeached the judgment for fraud and have set it aside.
The appeal presents one of those matrimonial tangles involving numerous contradictions and intricacies. The record contains a mass of…
2Cases cited5 opinions
- Rudd v. . CornellNew York Court of Appeals · 1902
- Williams v. . BarkleyNew York Court of Appeals · 1900
- Deeley v. . HeintzNew York Court of Appeals · 1901
- Genet v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1902
- Everett v. EverettAppellate Division of the Supreme Court of the State of New York · 1900
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- Di Russo v. Di RussoNew York Supreme Court · 1968
- Vander v. CaspersonNew York Court of Appeals · 1962
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