Legal Opinion · Dissent

Cohen v. Cohen

Appellate Division of the Supreme Court of the State of New York

Decided January 22, 1914Published

Appeal by the defendant, Rebecca Cohen, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of November, 1913, denying the defendant’s motion for an order framing issues for a jury trial in an action for divorce.

1Dissent

Clarke, J. (dissenting):.

The complaint alleged adultery upon two specified occasions with a person named, and with another person named, “and other male persons, at divers times during the months of July and August, 1913, at divers places in the Borough of Brooklyn.” Issue was joined by the service of the answer' on October 14, 1913. Under date of November twenty-fourth plaintiff served a bill of particulars, under which he limited his charge to the adultery alleged to have been committed with the first named .corespondent on the 18th and 22d days of September, 1913.

By order to show cause…

2Cases cited9 opinions

  1. Wynehamer v. . the PeopleNew York Court of Appeals · 1856
  2. Lowenthal v. . LowenthalNew York Court of Appeals · 1898
  3. Allen v. . GrayNew York Court of Appeals · 1911
  4. Rice v. . EheleNew York Court of Appeals · 1874
  5. Colman v. . DixonNew York Court of Appeals · 1872

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