Carey v. Carey
New York Court of Common Pleas
Appeal by defendant from a judgment entered on the verdict of a jury. This was an action for a limited divorce tried at special term in January, 1871, before a judge and'jury. On the trial the plaintiff was offered as a witness in her own behalf, and testified as to acts of cruelty on the part of defendant.
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Appeal by defendant from a judgment entered on the verdict of a jury. This was an action for a limited divorce tried at special term in January, 1871, before a judge and'jury. On the trial the plaintiff was offered as a witness in her own behalf, and testified as to acts of cruelty on the part of defendant. At the close of the plaintiff’s case, the defendant was offered as a witness in his own behalf, and what took place is. stated by the case on appeal as follows : “ Plaintiff’s counsel.—1 object to the defendant testifying-in his own behalf. I confined all my questions to what occurred when…
1Dissent
Robihsoh, J. (dissenting).
—This action was instituted to procure a limited divorce or separation from bed and board, on the ground of cruel and inhuman treatment. The allegations of the complaint were denied, and on the trial in January, 1871, before a judge and jury, plaintiff was called as a witness on her own behalf, and testified in very general terms to acts *272of violence and ill-usage on the part of defendant, her husband, when they were alone together, also to various circumstances connected with the merits of the case, not relating to acts transpiring when they were alone together.…
2Cases cited3 opinions
- Bihin v. BihinNew York Supreme Court · 1863
- P v. PNew York Supreme Court · 1862
- Lee Bank v. SatterleeThe Superior Court of New York City · 1863