Simons v. Simons

Memorandum bt the Court. Appellant has appealed from a judgment of the Columbia County Trial Term of the Supreme Court granting defendant a judgment of divorce on his counterclaim and also from an order of the Greene County Special Term of the Supreme Court denying her application for a new trial on the ground of newly discovered evidence.

The action was instituted by plaintiff for divorce on the ground of adultery. Defendant counterclaimed for like relief charging plaintiff with adultery. The case has been tried twice. At the close of all the evidence on the first tria] the presiding judge…