CORNELL v. CORNELL


7 N.Y.2d 164 (1959)

Olive Cornell, Also Known as Olive M. Irwin, Appellant, v. Elven J. Cornell, Defendant, and Charlotte McCabe, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided December 30, 1959.


Attorney(s) appearing for the Case

F. Walter Bliss and William D. Ferguson for appellant.

John R. Davison for respondent.

Chief Judge CONWAY and Judges DYE, FULD, FROESSEL and BURKE concur with Judge VAN VOORHIS; Judge DESMOND dissents and votes to affirm in an opinion.


VAN VOORHIS, J.

The question here is whether an interlocutory judgment of divorce, entered in a County Clerk's office in 1915, created substantive rights in the plaintiff by the lapse of three months without any order intercepting the finality of the adjudication. Fifteen years after the interlocutory decree, plaintiff remarried. Eight years after her remarriage her first husband (defendant in the divorce suit...

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