Henry v. Henry
The Superior Court of New York City
This is an action for limited divorce on the ground of cruelty. The defendant, after having answered, alleging the like conduct on the part of the plaintiff, moved for leave to file a supplemental answer, setting up adultery on the part of the plaintiff, and asking for an absolute divorce, by way of counterclaim.
1Opinion of the Court
Robertson, Ch. J.
The charge of adultery, sought to be set up in the answer, may be a good subject for a separate action. It is not a counter-claim, because it does not arise out of the transaction set forth in the complaint as the foundation of the plaintiff’s claim, nor is- it connected with the subject of the action. (Code, § 150. Diddell v. Diddell, 3 Abb. 167.) Nor is it a defense, because not connected with the acts of cruelty charged in the complaint. The kinds of relief asked for, are entirely different, so that they cannot be joined in one action, (Johnson v. Johnson, & John. Ch. 163;…
2Cases cited2 opinions
- M'Intosh v. M'IntoshNew York Supreme Court · 1856
- Burdell v. BurdellNew York Supreme Court · 1848