Mehlenbacker v. Mehlenbacker
New York Supreme Court
Motion to vacate a judgment for costs against the plaintiff in favor of a co-respondent in an action for divorce.
1Opinion of the CourtWheeler, J.
This action was brought for an absolute divorce on the alleged ground- of adultery. The defendant appeared and answered. The co-respondent appeared by her attorney-separately, demanded and was served with-a copy of the plaintiff’s complaint. The "co-respondent did not answer, but her attorney and counsel appeared and participated in the trial of the issues framed by the answer of *344the defendant. The trial resulted in a verdict of the jury-in favor of the defendant, and upon that verdict a judgment dismissing the complaint on the merits was entered by the defendant. Thereafter the co-respondent…
2Cases cited1 opinion
- Boller v. BollerAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by1 opinion
- Leitner v. LeitnerNew York Supreme Court · 1946