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Cohnfield v. O'Hara

110 N.Y.S. 1125 Court N.Y. App. Div. Decision date 1908-05-15 English

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p. 1125
COHNFIELD v. O’HARA et al.
(Supreme Court, Appellate Division, First Department.
May 15, 1908.)

Headnote

Action by Mary A. Cohnfield against Catherine O’Hara and another. From order opening default of defendant, plaintiff appeals. Order modified, and, as modified, affirmed.
J. A. Hodge, for appellant.
Harold Swain, for respondent.

The order should be modified, by requiring the defendant to stipulate that the plaintiff shall, on five days’ notice to the defendant’s attorney, be at liberty to take the testimony of any witness to her marriage, for the purpose of perpetuating the evidence to be used upon the trial. As so modified, the order should be affirmed, without costs.