Appellate Division of the Supreme Court of the State of New York November 27, 1908 (Fox v. Fox)

Jenks, J.:

This action, brought in tlie County Court for a partition of certain parcels of realty, proceeded to an interlocutory judgment. Thereupon Cox, one of the defendants in that court, Upon his affidavit and upon the testimony and all the papers in the action, moved for an order to vacate and to set aside the said interlocutory judgment, to allow and to direct a new trial of the issues