Day v. Day

Appellate Division of the Supreme Court of New York

Day v. Day

122 A.D. 907, 106 N.Y.S. 843

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1907·Published·Cited by 1 cases

Opinion

Rich, J.:

This is an appeal from an order denying defendant’s motion for an order framing issues to be tried by a jury in an action brought for a divorce on the ground of adultery. The defendant has answered, denying the allegation of adultery, and was entitled to the order. (Code Civ. Proc. § 1757, subd. 1.) The order of the Special Term must, therefore, be reversed and the motion granted: Woodward, Jenks, Hooker and Miller, JJ., concurred. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

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Rich, J.:

This is an appeal from an order denying defendant’s motion for an order framing issues to be tried by a jury in an action brought for a divorce on the ground of adultery. The defendant has answered, denying the allegation of adultery, and was entitled to the order. (Code Civ. Proc. § 1757, subd. 1.) The order of the Special Term must, therefore, be reversed and the motion granted: Woodward, Jenks, Hooker and Miller, JJ., concurred. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

Day v. Day, 122 A.D. 907, 106 N.Y.S. 843 (N.Y. Ct. App. 1907).

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Opinion

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