Carey v. Carey
New York Court of Common Pleas
Appeal by defendant from a judgment entered on the verdict of a jury. This was an action for a limited divorce tried at special term in January, 1871, before a judge and'jury. On the trial the plaintiff was offered as a witness in her own behalf, and testified as to acts of cruelty on the part of defendant.
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Appeal by defendant from a judgment entered on the verdict of a jury. This was an action for a limited divorce tried at special term in January, 1871, before a judge and'jury. On the trial the plaintiff was offered as a witness in her own behalf, and testified as to acts of cruelty on the part of defendant. At the close of the plaintiff’s case, the defendant was offered as a witness in his own behalf, and what took place is. stated by the case on appeal as follows : “ Plaintiff’s counsel.—1 object to the defendant testifying-in his own behalf. I confined all my questions to what occurred when…
1Opinion of the Court
By the Court.*—Daly, Ch. J.
—It does not appear from the case as settled, that the defendant took any exception to the ruling that his testimony would be confined to what occurred between himself and his wife when alone together. The only objection made was by the plaintiff when the defendant was offered as a witness upon his own behalf, and all that appears' in the case is, “ objection allowed, and exception taken.” What objection was allowed? Not that the defendant was permitted to testify in his own behalf, for the objection was not allowed, as he was permitted to testify in his own behalf.…
2Cases cited1 opinion
- Graham v. DuniganThe Superior Court of New York City · 1858