Legal Opinion

Anderson v. Anderson

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

Decided December 4, 1914PublishedCited by 8 opinions

Appeal by Mollie Ebling, as guardian ad litem of the plaintiff herein, 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 12th day of August, 1914, resettling a prior order entered in said clerk’s office on the 11th day of July, 1914, and also an appeal from said original order as so resettled.

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Appeal by Mollie Ebling, as guardian ad litem of the plaintiff herein, 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 12th day of August, 1914, resettling a prior order entered in said clerk’s office on the 11th day of July, 1914, and also an appeal from said original order as so resettled. The order appealed from vacated and set aside an order heretofore made appointing Mollie Ebling guardian ad litem of the infant plaintiff herein. Appeal by Enos S. Booth, as guardian ad litem of the plaintiff…

1Opinion of the Court

Clarke, J.:

The matters on each appeal are so interwoven that it seems proper to discuss them in one opinion.

This action was brought by the plaintiff for an absolute divorce upon the ground of adultery. Issues were framed and were sent to the Trial Term for trial before a jury. The jury answered all questions submitted to it in favor of the defendant. The defendant subsequently moved at Special Term, Part 3, for judgment dismissing the complaint upon the ground that the jury having answered all questions submitted in his favor nothing more remained to be done. Plaintiff appeared by counsel…

2Cases cited4 opinions

  1. Rima v. Rossie Iron WorksNew York Court of Appeals · 1890
  2. Greenburg v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1914
  3. Cohen v. CohenAppellate Division of the Supreme Court of the State of New York · 1914
  4. Byrnes v. ByrnesAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by8 opinions

  1. Seiden v. ReimerAppellate Division of the Supreme Court of the State of New York · 1920
  2. Villafane v. BannerNew York Supreme Court · 1976
  3. Hines v. HinesNew York Supreme Court · 1957
  4. Vinokur v. BalzarettiAppellate Division of the Supreme Court of the State of New York · 1978
  5. Herr v. Humphrey, JudgeCourt of Appeals of Kentucky (pre-1976) · 1935

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