Weston v. Weston
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles 0. Weston, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 17th day of October, 1901, directing that, upon the trial of this action, the plaintiff be precluded from giving any evidence of any act of adultery between the defendant, and plaintiff’s wife at any time and place except in the city of Buffalo on the 2d and 3d days of August, 1900, and at the…
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Appeal by the plaintiff, Charles 0. Weston, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 17th day of October, 1901, directing that, upon the trial of this action, the plaintiff be precluded from giving any evidence of any act of adultery between the defendant, and plaintiff’s wife at any time and place except in the city of Buffalo on the 2d and 3d days of August, 1900, and at the Weston cottage, in the village of Charlotte, N. Y., on some day or days between May 15 and June 15, 1899. The action was…
1Opinion of the Court
McLennan, J.:
Whether the order of September 30, 1901, which directed the plaintiff to serve a bill of particulars of the character therein specified was properly or improperly made, cannot be determined upon this appeal, as that order has not been appealed from and is in full force and effect. While so in force and until reversed, it is conclusive upon the parties as to all matters determined thereby. That order determined that the defendant was entitled to know the particular times at which the plaintiff expected to prove that the defendant committed acts of adultery with plaintiff’s wife.…
2Cases cited2 opinions
- Gross v. . ClarkNew York Court of Appeals · 1881
- Gebhard v. . ParkerNew York Court of Appeals · 1890
3Cited by3 opinions
- Bodrey v. BodreySupreme Court of Georgia · 1969
- People v. McClellanAppellate Division of the Supreme Court of the State of New York · 1908
- Weston v. WestonAppellate Division of the Supreme Court of the State of New York · 1903