Legal Opinion

Halsted v. Halsted

New York Court of Common Pleas

Decided November 15, 1893PublishedCited by 4 opinions

Action by Charles S. Halsted against Sarah B. Halsted for divorce on the ground of adultery. Plaintiff moves for leave to serve a supplemental complaint charging defendant with additional acts of adultery with the co-respondent named in the complaint since the commencement of the action.

1Opinion of the CourtGiegerich, J.

The plaintiff applies for leave to serve a supplemental complaint charging the defendant with the commission *759of additional acts of adultery with the co-respondent named in the complaint since the commencement of the action. While a complete determination of the rights of the parties in one action is desirable, I fail to see how the application can be granted without disregarding the rule, as laid down by the adjudications, that a new, substantive cause of action, upon which a judgment can be had without connecting it with the original complaint, cannot be set up by supplemental complaint.…

2Cases cited2 opinions

  1. Milner v. MilnerNew York Court of Chancery · 1833
  2. Blanc v. BlancNew York Supreme Court · 1893

3Cited by4 opinions

  1. Ames v. AmesNew York Supreme Court · 1919
  2. Halstead v. HalsteadAppellate Division of the Supreme Court of the State of New York · 1896
  3. Neiberg v. NeibergThe Superior Court of New York City · 1894
  4. Neiberg v. NeibergThe Superior Court of the City of New York and Buffalo · 1894

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