Smith v. Smith
New York Supreme Court
Appeal from judgment on report of referee. Action by Sarah Gr. Smith against John B. Smith for divorce. There was a judgment in favor of defendant, and plaintiff appeals. Affirmed in part and reversed in part.
1ConcurrenceHerrick, J.
I concur in the conclusion arrived at by the referee that the evidence in this case is not sufficient to warrant a finding that the defendant had been guilty of the acts of infidelity charged against him, but I cannot concur in his conclusion that the evidence warrants the finding that the plaintiff had been guilty of the acts charged against her by the defendant. Charges of this kind are only to be established by clear and convincing evidence. They are so serious in their character, and the results so grave, that a court should hesitate before making a finding of guilty except when…
2Cited by6 opinions
- Keville v. KevilleAppellate Division of the Supreme Court of the State of New York · 1907
- Hutchinson v. HutchinsonNew York Supreme Court · 1907
- Phillips v. PhillipsNew York Supreme Court · 1898
- Tatum v. TatumNew York Supreme Court · 1915
- Hutchinson v. HutchinsonNew York Supreme Court · 1907
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