JACOBSEN v. JACOBSEN


205 Misc. 798 (1954)

Dolores Jacobsen, Plaintiff, v. Robert W. Jacobsen, Defendant.

Supreme Court, Special Term, Kings County.

April 29, 1954.


Attorney(s) appearing for the Case

James E. Bennet for defendant.

Kurlander & Kurlander for plaintiff.


BRENNER, J.

This is an application pursuant to section 549 of the Civil Practice Act to set aside a decision made herein on April 12, 1954, in which the plaintiff was found entitled to a decree of separation (205 Misc. 584). The principal question involved is whether an excusable failure to present evidence upon trial is the sort of "error" which would warrant the relief provided...

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