Ferguson v. Ferguson
New York Court of Chancery
This was an appeal from an order of the vice chancellor of the first circuit, grunting a new trial upon a feigned issue. The complainant filed a bill against her husband, for a divorce, on the ground of his alleged adultery. The bill charged that the defendant had committed adultery with S. M. D., and one issue was framed upon that charge.
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This was an appeal from an order of the vice chancellor of the first circuit, grunting a new trial upon a feigned issue. The complainant filed a bill against her husband, for a divorce, on the ground of his alleged adultery. The bill charged that the defendant had committed adultery with S. M. D., and one issue was framed upon that charge. It also contained a general charge, that the defendant, between the day of his marriage with the complainant, in March, 1843, and the 30th of September, 1844, had been guilty of adultery with some female in the city of New-York: and another issue was framed…
1Opinion of the Court
The Chancellor.
Upon the evidence in this case. I think the jury were not warranted in finding a verdict for the complainant upon either of the issues. No evidence w'as given under the first issue, even to create a suspicion that the defendant had been guilty of adultery with the individual named in the complainant’s bill. Nor was there a particle of evidence to justify a'suspicion of an improper intercourse with any person, except the suspicion arising from the stains upon the defendant’s linen. Even if it were conclusively proved that these stains proceeded from the part of the defendant’s…
2Cited by5 opinions
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