Donnelly v. Donnelly
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Blanche M. Donnelly, from so much of an order of the Supreme Court, made at the Richmond Trial Term and entered in the office of the clerk of the county of Richmond on the 13th day of November, 1899, as orders and directs that the verdict rendered by the jury be set aside and a new trial be granted upon the ground that said verdict was against the weight of evidence.
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Appeal by the defendant, Blanche M. Donnelly, from so much of an order of the Supreme Court, made at the Richmond Trial Term and entered in the office of the clerk of the county of Richmond on the 13th day of November, 1899, as orders and directs that the verdict rendered by the jury be set aside and a new trial be granted upon the ground that said verdict was against the weight of evidence. The action was brought to obtain an absolute divorce, and upon the trial framed issues were submitted to the jury. •
1Opinion of the Court
Willard Bartlett, J.:
After reading and re-reading the testimony in this case, I find it impossible to agree with the conclusion of the learned trial judge that the verdict of the jury, which acquitted the defendant of the charge of adultery, was against the weight of evidence. That' her guilt was a natural inference from the circumstances narrated by some of the witnesses must be conceded ; but it seems to me that the statements of these witnesses might well be discredited by the jury in view of their admitted character as amateur detectives. The whole tone and tenor of the fair and impartial…
2Cited by4 opinions
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- Goldstein v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1925
- Cottrell v. CottrellAppellate Division of the Supreme Court of the State of New York · 1915
- Suglove v. Oklahoma Tax CommissionSupreme Court of Oklahoma · 1979