Foley

Action for divorce, in which the corporation is joined as a party defendant to protect plaintiff’s rights in certain property alleged to have been conveyed to said corporation by the defendant, Daniel H. Foley, in fraud of and to defeat plaintiff’s rights therein.

The corporation made default, but subsequently moved that the default be vacated and it be allowed to answer, which motion was denied.

The defendant Foley interposed a demurrer to the complaint; but the court, on motion of plaintiff, struck out his demurrer and gave judgment against him as by default for his failure to pay certain alimony ordered by the court, and for neglect and refusal to subscribe his deposition taken in the action.

Both defendants interposed motions for a new trial, but their motions were denied. Six appeals in all were taken by the defendants; an appeal by the corporation from the order denying its motion to set aside its default; an appeal by defendant Foley from the order striking out his demurrer and ordering judgment to be entered against him: a separate appeal by each of the defendants from the order denying his motion for a new trial; and, lastly, a separate appeal by each of the defendants…