Morris v. Morris, 1

• Decision Date: 31 October 1963
• Docket Number: No. 2,No. 1,1,2
• Parties: , 194 N.E.2d 692 Elizabeth Wollard MORRIS, Appellant, v. Ernest B. MORRIS et al., etc., Respondents. ActionErnest B. MORRIS, Appellant, v. Elizabeth Wollard MORRIS and Humble Oil and Refining Company, Respondents. Action
• Court: New York Court of Appeals Court of Appeals

Page 784

244 N.Y.S.2d 784

13 N.Y.2d 985, 194 N.E.2d 692

Elizabeth Wollard MORRIS, Appellant, v. Ernest B. MORRIS et al., etc., Respondents. Action No. 1.

Ernest B. MORRIS, Appellant, v. Elizabeth Wollard MORRIS and Humble Oil and Refining

Company, Respondents. Action No. 2.

Court of Appeals of New York.

Oct. 31, 1963.

Appeal from Supreme Court, Appellate Division, Second Department, 18 A.D.2d 1007, 1009, 238 N.Y.S.2d 568.

The first action was brought by first wife against husband, second wife, and third party to set aside a separation agreement of the first wife and the husband, to annul his subsequent marriage to second wife, to declare first wife to be the lawful, wife, to obtain a judicial separation from the husband, and to recover damages of $4,000,000, because of husband's allegedly tortious conduct in concert with third party in procurement of the separation agreement and a Mexican divorce decree. The second action was brought by the husband against the first wife and oil company for partition of two parcels of realty.

The Supreme Court, Columbia County, Russell, G. Hunt, J., entered an order granting the motion of the first wife to the extent of directing that the two actions be tried jointly and that on the joint trial the 94 framed issues set forth in the order be submitted to a jury before any other issues raised by the pleadings in the actions, and the husband, the second wife, and the third party appealed.

The Supreme Court, Appellate Division, Third Department, transferred the appeal to the Supreme Court, Appellate Division, Second Department, for disposition.

The Supreme Court, Appellate Division, Second Department, reversed the order.

The first wife appealed to the Court of Appeals, and motions were made in the Court of Appeals to dismiss the appeals.

Motions granted, with costs and $10 costs of each motion, and appeals dismissed upon the ground that the orders sought to be appealed from do not finally determine the actions within the meaning of the Constitution.