PRACTICE REPORTS IN THE SUPREME COURT AND COURT OF APPEALS, OF THE STATE OF NEW YORK. BY NATHAN HOWARD, JR., VOLUME XXXVII. ALBANY: WILLIAM GOULD & SON, LAW BOOKSELLERS AND PUBLISHERS. 1869. Entered according to act of Congress, in the year eighteen hundred and sixty-nine, BY WILLIAM GOULD & SON, In the Clerk's Office of the District Court of the Northern District of New York. Rec Dec 3, 1867 PRACTICE REPORTS. SUPREME COURT. ALBERT E. MILLER agt. MARY E MILLER. Motion papers to set aside a 'judgment of divorce granted by default, and for leave to the defendant to come in and defend, are properly served on the attorneys for the plaintiff in the judgment, although made nearly two years after the entry of judgment, and after the attorneys for the plaintiff had settled with their client, and they themselves had dissolved partnership. Jefferson Special Term, November, 1867. B. F. CHAPMAN, for defendant, Moved to set aside the judgment for divorce in this case, and for leave to serve an answer and defend the action. It appeared by the judgment roll, and affidavits, that on the 24th November, 1865, the plaintiff obtained a judgment of divorce against the defendant by default. Service of the summons was made by publication, and at the time of service the defendant was acting as a surgeon in the army of the United States. She had no knowledge of the proceedings or judgment until in August, 1866, while on her way to Europe, she casually heard of it. On her return home in September, 1867, she immediately made, and had prepared the necessary papers for a motion to open her default and allow her to come in and defend the action. The motion papers were served upon the plaintiff's attorneys who had procured the judgment of divorce. |