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Crowell v. Crowell

36 N.Y.S. 1124 Court N.Y. Gen. Term Decision date 1895-12-02 English

Delivered by PRATT, J.

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Majority

p. 1124
CROWELL, Respondent, v. CROWELL, Appellant.
(Supreme Court, General Term, Second Department.
December 2, 1895.)

Headnote

Action by Charles B. Crowell against Lidie S. Crowell for divorce. From an order placing the cause on the circuit court calendar for the month of June, 1895, to be heard in Queens county, defendant appeals.
D. C. Calvin, for appellant.
McKoon & Luckey, for respondent.

The stipulation obviously contemplated a speedy trial, which had, however, been evaded, and defendant showed no eagerness to bring it on. Under the circumstances, the plaintiff had a right to regard the stipulation as abandoned, and move the trial. The proper county was Queens, and, when defendant objected to Kings county, the special term judge properly ordered it to he tried there. Order affirmed, with $10 costs and disbursements.