Ames v. Ames
New York Supreme Court
This action is brought by the plaintiff for separation on the ground of cruel and inhuman conduct. The defendant moves for leave to malee and serve a supplementary answer, setting up acts of adultery committed by plaintiff prior to and subsequent to the commencement of the action.
1Opinion of the CourtRoss, J.
The right in an action for separation of a
defendant to set up as a defense and counterclaim acts of adultery committed prior to the commencement of the action has existed since 1881. Code Civ. Pro. § 1770; VanBenthuysen v. VanBenthuysen, 15 Civ. Pro. 234; Wise v. Wise, 159 App. Div. 575, 576.
The right to interpose matters arising after suit is brought is not so clear.
In an action for an absolute divorce, the plaintiff will not be permitted to serve a supplementary complaint, setting up acts of adultery alleged to have been committed by the defendant since the joinder of issue.
*162Campbell v.…
2Cases cited5 opinions
- Blanc v. BlancNew York Supreme Court · 1893
- Wise v. WiseAppellate Division of the Supreme Court of the State of New York · 1913
- Halsted v. HalstedNew York Court of Common Pleas · 1893
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1904
- Campbell v. CampbellAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by3 opinions
- Valladares v. ValladaresAppellate Division of the Supreme Court of the State of New York · 1981
- Cameron v. CameronSupreme Court of North Carolina · 1952
- Weiss v. WeissNew York Supreme Court · 1929