Legal Opinion · Concurrence

Chapman v. Chapman

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

Decided December 19, 1957Published

1ConcurrenceIIalpeeN, J.

I would affirm the judgment upon the ground that the jurisdictional infirmities to which the judgment seemed subject upon the basis of the affidavits and exhibits submitted upon the motion for summary judgment were cleared up by the proof upon the trial. It appeared from the proof not only that the defendant was represented by counsel at the time the motion to amend the complaint was granted but also that the defendant’s counsel was actually present in court and offered no opposition to the amendment, either on constitutional grounds or on any other grounds. In the light of this and other…

2Cases cited13 opinions

  1. Adam v. SaengerSupreme Court of the United States · 1938
  2. Johnson v. MuelbergerSupreme Court of the United States · 1951
  3. York v. TexasSupreme Court of the United States · 1890
  4. Bannon v. BannonNew York Court of Appeals · 1936
  5. Bioni Et Ux. v. Haselton, GuardianSupreme Court of Vermont · 1926

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