Legal Opinion

Cruikshank v. Cruikshank

Appellate Division of the Supreme Court of the State of New York

Decided March 14, 1899Published

Appeal from trial term, Kings county. Action by Maud Cruikshank against William J. Cruikshank. There was a verdict for defendant, and, from an order denying a motion for new trial, plaintiff appeals.

1Opinion of the CourtWoodward, J.

This is an action for divorce, and at the trial 13 issues were submitted to the jury, the court charging that, unless the party on whom rested the burden of proof of adultery had proved it, the answer to the questions should be, “No.” The jury, after being out nearly a full day, brought in a verdict, in which 12 of the issues were answered, “No,” while the other was answered, “Not proven.” Counsel for defendant, immediately after the verdict was read, and before the jury was discharged, asked the court to direct the entry of the verdict, and answer of the jury to the fifth question as “No,”…

2Cases cited6 opinions

  1. Dalrymple v. . WilliamsNew York Court of Appeals · 1875
  2. Brigg v. . HiltonNew York Court of Appeals · 1885
  3. Hodgkins v. . MeadNew York Court of Appeals · 1890
  4. Lowenstein v. Lombard Ayres & Co.Appellate Division of the Supreme Court of the State of New York · 1896
  5. Humphreys v. Mayor of WoodstownSupreme Court of New Jersey · 1886

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