General
Eugene F. Wilson, Appellant, v. Carolyn Wilson, Respondent
126 A.D. 941·New York Supreme Court, Appellate Division·1908·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
Eugene F. Wilson, Appellant, v. Carolyn Wilson, Respondent.
Judgment — affirmative relief improper where not demanded in answer.
Appeal from a judgment entered in the Mew York county clerk’s office on the 5th day of July, 1907, and an order entered on the 3d day of June, 1907.
[MAJORITY — Per Curiam :]
Per Curiam :
The defendant having set up in the answer no demand for affirmative relief, the court was without justification in awarding her an affirmative judgment against the plaintiff. For that reason the second clause of the judgment must be stricken out, leaving it to stand as one dismissing the complaint on the merits, with costs. As so modified the judgment is affirmed, without costs in this court. Present — Ingraham, McLaughlin, Clarke, Houghton and Scott, JJ. Judgment modified as directed in opinion, and as modified affirmed, without costs. Settle order on notice.