Hofmire v. Hofmire
New York Court of Chancery
This was an appeal from a decision of the vice chancellor of the first circuit, refusing to open a decree for a divorce and to permit the defendant to put in an answer setting up a condonation of the adultery charged in the bill, in bar of the suit.
Read the full summary
This was an appeal from a decision of the vice chancellor of the first circuit, refusing to open a decree for a divorce and to permit the defendant to put in an answer setting up a condonation of the adultery charged in the bill, in bar of the suit. In the affidavit of the defendant, on which his application was founded, he admitted that he had on one occasion been guilty of adultery, at á house of ill fame; but he alleged that his wife, after being informed thereof, freely forgave him, and continued to cohabit with him until he was convicted and sent to the state prison, on a charge of…
1Opinion of the Court
The Chancellor.
There ’iras no irregularity in this case which could authorize the appellant to apply to open the proceedings on that account. Although the solicitor who appeared for him in the suit was employed by the mother of the defendant, and without authority from him, it did not in any way prejudice his rights. He employed no solicitor, and the bill would have been taken as confessed against him, for want of an appearance, if Mr. Crafts had not appeared at the request of the mother; in which case *61no order to answer would have been necessary. The solicitor who had appeared without…
2Cited by7 opinions
- Deisler v. DeislerAppellate Division of the Supreme Court of the State of New York · 1901
- Uhlmann v. UhlmannNew York Court of Common Pleas · 1885
- Merrill v. MerrillAppellate Division of the Supreme Court of the State of New York · 1899
- Warner v. WarnerNew Jersey Court of Chancery · 1879
- Graham v. GrahamNew Jersey Court of Chancery · 1892
2 more not listed; retrieve them via the Exa API.