Fishbein v. Fishbein
This text of 179 A.D. 883 (Fishbein v. Fishbein) 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.
Opinion
Without expressing any opinion with respect to the sufficiency of the evidence to warrant an annulment of the marriage, we affirm the judgment on the ground that the defendant was an infant and that the court was, therefore, justified, when the plaintiff moved the case for trial without having a guardian ad litem appointed for defendant, in dismissing the complaint, for plaintiff could not in those circumstances take judgment by default. (See Code Civ. Proc. § 1218.) The judgment should be affirmed, without costs. Present — Clarke, P. J., Laughlin, Scott, Davis and Shearn, JJ. Judgment affirmed, without costs.
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179 A.D. 883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fishbein-v-fishbein-nyappdiv-1917.