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Spaman v. Spaman

274 A.D. 1084 Court N.Y. App. Div. Decision date 1949-01-20 English

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p. 1084
Calvin Spaman, Respondent, v. Geraldine Spaman, Appellant.

Appeal by defendant from an interlocutory judgment of divorce rendered against her after trial before Official Referee Lawrence. The evidence sustains the findings and no prejudicial error was committed upon the trial. It satisfactorily appears that plaintiff’s amendment of the complaint and bill of particulars, as to the year the offense found was committed, was allowed. Although the trial record shows this to have been irregularly accomplished it is manifest it worked no

p. 1085
prejudicial surprise to defendant. Judgment unanimously affirmed, without costs. Present — Foster, P. J., Brewster, Deyo, Santry and Bergan, JJ.