Watson v. Watson
New York Supreme Court
This is an appeal from an order of the court at special term, denying the motion of defendant to set aside a judgment' of divorce, entered September 3, 1863.
1Opinion of the CourtDavis, P. J.
The plaintiff, who obtained the divorce, died in the fall of 1872, intestate; and the motion is now made upon service of papers upon his administrator. The grounds are fraud and irregularity. If the facts stated in the moving papers be true, there . certainly ought to be some relief for the defendant; but the question before us is, whether that relief can be obtained on motion, and on notice simply to the administrator of the estate. We think *241it cannot. No authority is cited for such practice. The administrator has no power to consent to the setting aside of the judgment. He has no control or…
2Cited by2 opinions
- Cook v. CookOregon Supreme Court · 1941
- Angelo v. AngeloAppellate Division of the Supreme Court of the State of New York · 1954