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Glass v. Glass

158 N.Y.S. 1116 Court N.Y. App. Div. Decision date 1916-04-20 English

Decision Majority — PER CURIAM. · Dissent — DOWLING, J.

Contents
p. 1116
Fannie GLASS, Respt., v. Ernest H. GLASS and Blanche Mathieu, Applts.
(Supreme Court, Appellate Division, First Department.
April 20, 1916.)

Headnote

Appeal from Special Term, New York County. Action for divorce by Fannie Glass against Ernest H. Glass and another. From an interlocutory judgment for plaintiff, and an order denying a new trial, defendants appeal.
Affirmed.

Judgment and order affirmed with costs. Order filed.

(dissenting). I dissent from the affirmance of the judgment appealed from and vote to reverse the same in so far as it grants a judgment of divorce in favor of the plaintiff on the ground that the finding of the jury that the plaintiff was not guilty as set forth in the framed questions was against the weight of evidence, and that the order denying a motion to set aside the verdict and for a new trial should be reversed and the motion granted.