Davis v. Davis
The Superior Court of the City of New York and Buffalo
Action by Joshua Davis against Mary Davis for divorce.
1Per curiam
This is an appeal from a judgment entered upon the report of a referee in an action for divorce on the ground of adultery. We think -the judgment in this case must be reversed for errors in the admission of evidence on the trial. Considerable evidence was taken under objection, and clearly the-rulings of the referee cannot be sustained. It is insisted by the counsel for the respondent that the evidence is immaterial, and that the errors are consequently harmless. While we recognize and give full force to the rule that a new trial should not be awarded in actions for divorce unless for…
2Cases cited2 opinions
- Forrest v. . ForrestNew York Court of Appeals · 1862
- Beadleston v. BeadlestonNew York Supreme Court · 1888
3Cited by1 opinion
- Goldie v. GoldieNew York Supreme Court · 1902