Wottrich v. . Freeman
New York Court of Appeals
This was an action for criminal conversation. Upon the trial, plaintiff offered in evidence a judgment record in an action for divorce a vinculo, brought by him against his wife, by which judgment the marriage was dissolved. This was objected to by defendant’s counsel as improper and immaterial, and that the record showed, on its face, that the divorce was granted upon improper and illegal testimony.
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This was an action for criminal conversation. Upon the trial, plaintiff offered in evidence a judgment record in an action for divorce a vinculo, brought by him against his wife, by which judgment the marriage was dissolved. This was objected to by defendant’s counsel as improper and immaterial, and that the record showed, on its face, that the divorce was granted upon improper and illegal testimony. The objections were overruled, and the evidence was received “ as the basis of other evidence, which counsel for plaintiff stated they would introduce.” Plaintiff then called his divorced wife as…
1Opinion of the Court
Allen, J.,
reads for affirmance.
All concur, except Church, Ch. J., and Andeows, J., not voting.
Judgment affirmed.
2Cited by8 opinions
- Owen v. StateSupreme Court of Alabama · 1885
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- Stearns v. HemmensNew York Court of Common Pleas · 1888
- Lauderdale Peerage ClaimNew York Supreme Court · 1885
- United States v. HillsDistrict Court, W.D. New York · 1903
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