Robertson v. Robertson
New York Court of Common Pleas
Appeal from an order of this court upon motion to vacate a judgment of divorce. In September, 1871, the plaintiff commenced this action against the defendant to procure a separation upon the ground of cruel and inhuman treatment, and caused to be served a summons and complaint upon the defendant.
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Appeal from an order of this court upon motion to vacate a judgment of divorce. In September, 1871, the plaintiff commenced this action against the defendant to procure a separation upon the ground of cruel and inhuman treatment, and caused to be served a summons and complaint upon the defendant. This complaint contained the allegations usually found in complaints in actions of this character, viz.: of marriage, residence within the State, that the plaintiff has always conducted herself properly, and that the defendant has been guilty of such cruel and inhuman treatment as to make it improper…
1Opinion of the CourtVan Brunt, J.
[After stating the facts as above.]—The appellant has urged upon this appeal the following reasons why the motion to set set aside the decree of divorce should have been granted:
1st. Because the affidavit of the service of the summons and complaint is insufficient.
*502d. Because the referee erred in permitting the plaintiff to testify as to the identity of the photograph.
3d. Because the plaintiff, before the granting of the divorce, had been guilty of adultery.
4th. Because the testimony before the referee was insufficient.
5th. Because the referee allowed the amendment to the complaint.
6th.…
2Cases cited6 opinions
- Harrington v. SladeNew York Supreme Court · 1856
- Brown v. . LeighNew York Court of Appeals · 1872
- Beardsley v. StoverNew York Supreme Court · 1852
- Diamond v. Williamsburgh InsuranceNew York Court of Common Pleas · 1873
- Woodruff v. DickieNew York Supreme Court · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Stewart v. StewartCourt of Appeals of Maryland · 1907
- Chapman v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1954
- Smith v. SmithCourt of Appeals of Maryland · 1958
- Pratt v. PrattMassachusetts Supreme Judicial Court · 1892
- Schwab v. SchwabCourt of Appeals of Maryland · 1901
11 more not listed; retrieve them via the Exa API.