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Boelsen v. Boelsen

259 A.D. 844 Court N.Y. App. Div. Decision date 1940-04-19 Docket Appeal No. 2 English

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p. 844
Frederick William Boelsen, Appellant, v. Ruth Lampard Boelsen, Respondent.
(Appeal No. 2.)

In an action for divorce, in which the defendant counterclaimed for a separation, judgment dismissing the complaint on the merits and granting a separation on the defendant’s counterclaim, and order denying, plaintiff’s motion for a new trial, affirmed, with costs. No opinion. Hagarty,

p. 845
Carswell and Taylor, JJ., concur; Lazansky, P. J., and Johnston, J., dissent and vote to reverse the judgment and order and to grant a new trial on the ground that the finding of the jury in answer to question ¡No. 1 is against the weight of the credible evidence.