Allen v. . Allen
New York Court of Appeals
This was an appeal from an order of General Term reversing a judgment in favor of plaintiff and granting a new trial. The action was by a wife against her husband for a separation on the ground of cruel and inhuman treatment. The answer set up a cause of action against the plaintiff, and claimed judgment for an absolute divorce on the ground of adultery, as authorized by section 1770 of the Code of Civil Procedure.
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This was an appeal from an order of General Term reversing a judgment in favor of plaintiff and granting a new trial. The action was by a wife against her husband for a separation on the ground of cruel and inhuman treatment. The answer set up a cause of action against the plaintiff, and claimed judgment for an absolute divorce on the ground of adultery, as authorized by section 1770 of the Code of Civil Procedure. The court here, after a consideration of the evidence, concurred with the General Term that the evidence was sufficient to sustain the answer. The following is an extract from the…
1Opinion of the Court
Andrews, J.,
reads for affirmance of order, and for judgment absolute on stipulation.
All concur.
Order affirmed and judgment accordingly.
2Cited by23 opinions
- Neff v. NeffSupreme Court of Connecticut · 1921
- Engebretsen v. EngebretsenSupreme Court of Florida · 1942
- Poertner v. PoertnerWisconsin Supreme Court · 1886
- Kenyon v. KenyonNew York Supreme Court · 1895
- McMillan v. McMillanSupreme Court of Florida · 1935
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