Winston v. Winston
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Walker Winston, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 24th day of May, 1891, denying the plaintiff’s motion for leave to discontinue the action. This is an action for an absolute divorce. The defendant has pleaded a decree of absolute divorce granted her by the United States District Court in Oklahoma.
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Appeal by the plaintiff, Walker Winston, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 24th day of May, 1891, denying the plaintiff’s motion for leave to discontinue the action. This is an action for an absolute divorce. The defendant has pleaded a decree of absolute divorce granted her by the United States District Court in Oklahoma. After entering the order of reference, the plaintiff obtained an order to show cause why leave to discontinue should not be granted, which was returnable on the day…
1Opinion of the Court
O’Brien, J.:
In Winans v. Winans (124 N. Y. 140) it- was held that an application for leave to discontinue an action is addressed to the discretion of the court, and that the rule which governs in ordinary cases is not to be strictly applied in actions for divorce. “ The rights of' the parties tó the record are not alone to be considered; the public is to be regarded as a party and must be so treated by the court, and for-this reason the court is invested with a wider discretion in the control of such cases than of others.” In that case the defend-' ant denied the alleged, marriage, and the…
2Cases cited1 opinion
- Winans v. . WinansNew York Court of Appeals · 1891
3Cited by7 opinions
- In re RichAppellate Division of the Supreme Court of the State of New York · 1938
- Piedmont Hotel Co. v. A. E. Nettleton Co.Appellate Division of the Supreme Court of the State of New York · 1934
- Battaglia v. BattagliaAppellate Division of the Supreme Court of the State of New York · 1982
- Hutchison v. HutchisonNew York Supreme Court · 1976
- Grosner v. AbramsonNew York Supreme Court · 1936
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