Johnson v. Johnson

Appellate Division of the Supreme Court of New York

Johnson v. Johnson

256 A.D. 827, 10 N.Y.S.2d 225, 1939 N.Y. App. Div. LEXIS 5040

Procedural entryThis page is a short order in Johnson v. Johnson. Read the opinion of the Court — 249 A.D. 859 →

Appellate Division of the Supreme Court of the State of New York·Decided January 16, 1939·Published

Opinion

Action for absolute divorce. Plaintiff appeals from order granting defendant’s motion to set aside an interlocutory judgment of divorce in his favor and granting a new trial on the ground of newly-discovered evidence. The learned Special Term granted the motion upon affidavits and without the stenographer’s minutes of the testimony taken upon the trial. Order reversed upon the law, without costs, and without prejudice to defendant’s right to renew the motion upon proper papers. Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.

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Action for absolute divorce. Plaintiff appeals from order granting defendant’s motion to set aside an interlocutory judgment of divorce in his favor and granting a new trial on the ground of newly-discovered evidence. The learned Special Term granted the motion upon affidavits and without the stenographer’s minutes of the testimony taken upon the trial. Order reversed upon the law, without costs, and without prejudice to defendant’s right to renew the motion upon proper papers. Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.

Johnson v. Johnson, 256 A.D. 827, 10 N.Y.S.2d 225, 1939 N.Y. App. Div. LEXIS 5040 (N.Y. Ct. App. 1939).

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