Lovett v. Lovett

Appellate Division of the Supreme Court of New York

Lovett v. Lovett

116 A.D. 924, 102 N.Y.S. 1142

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1907·Published

Opinion

Without passing upon the question of the power of the court at Special Term to initiate and make inquiry as to collusion, of which the record furnishes no evidence, We think the court was without power to amend the pleading after the issues had been tried, The order is, therefore, reversed and motion denied, and case remitted to the Special Term. Hirschberg, P. J., Jenks, Hooker,' Gaynor and Rich, JJ,., concurred.

Free access — add to your briefcase to read the full text and ask questions with AI

Without passing upon the question of the power of the court at Special Term to initiate and make inquiry as to collusion, of which the record furnishes no evidence, We think the court was without power to amend the pleading after the issues had been tried, The order is, therefore, reversed and motion denied, and case remitted to the Special Term. Hirschberg, P. J., Jenks, Hooker,' Gaynor and Rich, JJ,., concurred.

Lovett v. Lovett, 116 A.D. 924, 102 N.Y.S. 1142 (N.Y. Ct. App. 1907).

Pincite

116 A.D. 924 (Lovett v. Lovett) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.