General

Elvira C. Ferris, Respondent, v. Henry Ferris, Appellant

56 N.Y. 614·New York Court of Appeals·1874·NY

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Opinion

Elvira C. Ferris, Respondent, v. Henry Ferris, Appellant. (Argued February 17, 1874; decided February 24, 1874.) This was an appeal from an order of General Term, affirming order of Special Term denying motion, on the part of defendant, to set aside default and let in defendant to defend. The action was for divorce; the defendant did not appear, -and judgment was rendered against him. The motion was made upon affidavits contradicting the plaintiff’s evidence, also on the ground that the evidence was insufficient to authorize the judgment. Held, order not appealable- John H. Bergen for the appellant. W. J. Osborne for the respondent. [MAJORITY] Agree to dismiss appeal; no opinion. All concur. Appeal dismissed.