Cohen v. Cohen
BERTHA COHEN v. JULIAN COHEN
- Area
- civil
- Panel
- Lloyd T. Hanson (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Hanson
HANSON, J. pro tem.
This is a second motion by the respondent to dismiss the appeal taken in this case. On the first motion we declined to dismiss the appeal because the grounds therein set forth were inadequate to warrant the dismissal. The motion now before us sets forth a new and distinct ground which was known by the respondent and available to him at the time he filed his first motion. Respondent offers no excuse for not presenting in the first motion the ground he now relies upon in his present motion. We do not view with favor this piecemeal method employed by respondent which has unnecessarily required an additional hearing and an additional opinion. That such a procedure is not to be tolerated is indicated by a host of cases, see 42 Corpus Juris 521.
The motion to dismiss is denied.
Doran, Acting P. J., and Drapeau, J., concurred.