258 A.D. 838 | N.Y. App. Div. | 1939
Appeal by defendant Winans from an order of the Supreme Court, entered in Otsego county July 19,1939, permitting the re-entry of the interlocutory decree of divorce obtained by plaintiff respondent against said defendant nunc pro tunc as of the 6th day of March, 1937. The interlocutory decree was granted March 6, 1937, and was entered in Otsego county March 12, 1937. Said interlocutory decree provided, among other things, that it would become the final judgment three months after the entry thereof. It accordingly became final on the 12th' day of June, 1937. On the 7th day of June, 1937, plaintiff respondent and appellant Winans were married, apparently under a mistaken assumption that the