O'Connell v. O'Connell — 199 A.D. 958

Majority

p. 958

Martha O’Connell, Appellant, v. Frank O’Connell, Respondent.

Headnote

Appeal dismissed where judgment dismissing complaint on merits has no decision on which it is based.

Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office March 4, 1921, dismissing the complaint upon the merits in an action for annulment of marriage.

The judgment dismissing the complaint upon the merits has no decision upon which it is based. The appeal is, therefore, dismissed, without costs, with leave to apply at Special Term for such relief as will enable a proper decision to be filed and judgment entered. Present —- Clarke, P. J., Laughlin, Dowling, Page and, Merrell, JJ. Appeal dismissed, without costs.