Allen v. Allen

Appellate Division of the Supreme Court of New York

Allen v. Allen

243 A.D. 526

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

DecidedDecember 15, 1934

StatusPublished

This text of 243 A.D. 526 (Allen v. Allen) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. Allen, 243 A.D. 526 (N.Y. Ct. App. 1934).

Pincite

Opinion

Order reversed on the law, without costs, and the case remitted to the trial court with directions to settle the proposed case and amendments. In our opinion, the trial court was without power to hold the settlement of defendant’s case on appeal “ in abeyance ” until he shall comply with the terms of the judgment and the order for a counsel fee. Whether the appeal shall be heard in view of defendant’s defaults rests in the discretion of the court in which the appeal is pending. Lazansky, P. J., Hagarty, Carswell, Tompkins and Davis, JJ., concur.

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Order reversed on the law, without costs, and the case remitted to the trial court with directions to settle the proposed case and amendments. In our opinion, the trial court was without power to hold the settlement of defendant’s case on appeal “ in abeyance ” until he shall comply with the terms of the judgment and the order for a counsel fee. Whether the appeal shall be heard in view of defendant’s defaults rests in the discretion of the court in which the appeal is pending. Lazansky, P. J., Hagarty, Carswell, Tompkins and Davis, JJ., concur.

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Bluebook (online)

243 A.D. 526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-allen-nyappdiv-1934.