Ferguson v. Ferguson
The Superior Court of New York City
The bill in this cause was filed for a divorce a vinculo, on the ground of adultery. A feigned issue had been ordered, which had been tried, and a verdict found against the defendant. That verdict had been set aside by the vice chancellor, and his decision affirmed on appeal by the chancellor. The case is reported in 1 Barbour Gh. R. 604. On the second trial, a verdict was again found against the defendant.
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The bill in this cause was filed for a divorce a vinculo, on the ground of adultery. A feigned issue had been ordered, which had been tried, and a verdict found against the defendant. That verdict had been set aside by the vice chancellor, and his decision affirmed on appeal by the chancellor. The case is reported in 1 Barbour Gh. R. 604. On the second trial, a verdict was again found against the defendant. The judge who presided, certified that he was satisfied with the verdict. The defendant moved for another trial. It is deemed unnecessary to state the facts, as the opinion so far as it…
1Opinion of the CourtBy the Court. Mason, J.
On the argument before us, the counsel discussed at large, the principles which ought to govern the court in granting or refusing new trials in cases of this sort.
It was contended on behalf of the defendant, that feigned issues are ordered by courts of equity for the purpose of satisfying the conscience of the court, and that if for any material reason the court is not satisfied with the verdict, a new trial will be ordered ; that it will nicely weigh the evidence, and will set aside a verdict as against the weight of evidence, in cases where a court of law would refuse to do so.
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2Cited by7 opinions
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- Auld v. AuldThe Superior Court of New York City · 1891
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