HILDERBRAND v. HILDERBRAND


12 A.D.2d 858 (1961)

James G. Hilderbrand, Respondent, v. Margaret Hilderbrand. Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 17, 1961


In this action the issue was joined on October 1, 1959 and at an Equity Term for the County of Schenectady which commenced on December 14 of the same year, at the calendar call the case was set for trial on December 15 without objection. The plaintiff was in the United States Navy and home on leave at that particular time. When the case was called on the 15th the defendant's counsel appeared and presented a certificate from a doctor which stated that

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