Cruikshank v. Cruikshank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Maud Cruikshank, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 21st day of .December, 1898, denying the plaintiff’s motion to set aside the verdict of a jury.
1Opinion of the Court
Woodward, J. :
This is an action for divorce, and, at the trial, thirteen issues were submitted to the jury,, the court charging that, unless the party on whom rested the burden of proof of adultery had proved it, the answer to the questions should be “ no.” The jury, after being out nearly a full day, brought in a verdict, in which twelve of the issues were answered “no,” while the other was answered “not proven.” Counsel for defendant, immediately after the verdict was read and *581before tire jury was discharged, asked the court to direct the .entry of the verdict and answer of the jury to the…
2Cases cited5 opinions
- Dalrymple v. . WilliamsNew York Court of Appeals · 1875
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Hodgkins v. . MeadNew York Court of Appeals · 1890
- Lowenstein v. Lombard Ayres & Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Segelke v. FinanNew York Supreme Court · 1888
3Cited by2 opinions
- Selig v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1918
- Picone v. PiconeNew York Supreme Court · 1947