Johnson v. Johnson
New York Court of Chancery
THE bill contained charges of adultery, and of cruel and inhuman treatment, and the cause was at issue on an answer, without oath, to the whole bill.
Read the full summary
THE bill contained charges of adultery, and of cruel and inhuman treatment, and the cause was at issue on an answer, without oath, to the whole bill. It was agreed by the counsel for the parties, to submit the question, whether the charges could be united in the same bill; and that, if the Chancellor should be of opinion they could not, the plaintiff might elect which charge to retain; and, if the former should be retained, that then a feigned issue should be awarded to try the fact.
1Opinion of the Court
The Chancellor.
The charges of adultery, and of cruel usage, are not only distinct and unconnected charges, but they lead to distinct issues and decrees. An answer to a charge of adultery may be without oath, but an answer to a charge of cruel usage must be upon oath. The charges, therefore, necessarily require separate answers; and if the charge of adultery be denied, a feigned issue must be awarded, which need not be the case on denial of the charge of cruel usage, but the latter may be tried upon depositions, according to the ordinary course of the Court. If the adultery be confessed, or if…
2Cited by10 opinions
- Hofmann v. . HofmannNew York Court of Appeals · 1921
- Conrad v. ConradAppellate Division of the Supreme Court of the State of New York · 1908
- Henry v. HenryThe Superior Court of New York City · 1864
- Hofmann v. HofmannAppellate Division of the Supreme Court of the State of New York · 1921
- People v. BerkowitzNew York Court of General Session of the Peace · 1923
5 more not listed; retrieve them via the Exa API.