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Cornell v. Cornell

7 N.Y.2d 987 Court N.Y. Decision date 1960-03-03 English

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p. 987
Olive Cornell, Also Known as Olive M. Irwin, Appellant, v. Elven J. Cornell, Defendant, and Charlotte McCabe, Intervenor-Respondent.
Submitted February 23, 1960;
decided March 3, 1960.

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: There was argued an alleged constitutional question under the Constitution of the United States, viz.: Whether the Supreme Court of the State of New York has the power to grant a final judgment of divorce nunc pro tunc under the circumstances set forth in this record without violating the prohibitions contained in section 10 of article I and in section 1 of the Fourteenth Amendment of the United States Constitution. The Court of Appeals held there was no such violation and that no substantial constitutional question was presented. [See 7 N Y 2d 164 .]

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