Appellate Division of the Supreme Court of the State of New York January 15, 1907 (Lovett v. Lovett)

Without passing upon the question of the power of the court at Special Term to initiate and make inquiry as to collusion, of which the record furnishes no evidence, We think the court was without power to amend the pleading after the issues had been tried, The order is, therefore, reversed and motion denied, and case remitted to the Special Term. Hirschberg, P. J.