Boulter v. Boulter

Appellate Division of the Supreme Court of New York

Boulter v. Boulter

251 A.D. 855, 298 N.Y.S. 495, 1937 N.Y. App. Div. LEXIS 7978

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

DecidedJune 25, 1937

StatusPublished

This text of 251 A.D. 855 (Boulter v. Boulter) 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

Boulter v. Boulter, 251 A.D. 855, 298 N.Y.S. 495, 1937 N.Y. App. Div. LEXIS 7978 (N.Y. Ct. App. 1937).

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Opinion

In a separation action, order denying defendant's motion to open his default in answering and to vacate the judgment entered in favor of plaintiff reversed on the facts, without costs, and the motion granted, without costs, on condition that within ten days after the entry of the order hereon defendant pay $100 costs; answer to be served within ten days therefrom. Upon failure to comply with the aforesaid terms the order is in all respects affirmed, with ten dollars costs and disbursements. In our opinion, under all the circumstances of the case, the defendant is entitled to his day in court and to have his default opened on terms. Hagarty, Carswell, Davis, Adel and Taylor, JJ., concur.

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In a separation action, order denying defendant's motion to open his default in answering and to vacate the judgment entered in favor of plaintiff reversed on the facts, without costs, and the motion granted, without costs, on condition that within ten days after the entry of the order hereon defendant pay $100 costs; answer to be served within ten days therefrom. Upon failure to comply with the aforesaid terms the order is in all respects affirmed, with ten dollars costs and disbursements. In our opinion, under all the circumstances of the case, the defendant is entitled to his day in court and to have his default opened on terms. Hagarty, Carswell, Davis, Adel and Taylor, JJ., concur.

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Bluebook (online)

251 A.D. 855, 298 N.Y.S. 495, 1937 N.Y. App. Div. LEXIS 7978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boulter-v-boulter-nyappdiv-1937.