Legal Opinion

Bush v. Bush

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

Decided July 1, 1905PublishedCited by 12 opinions

Appeal by the defendant, Pine E. Bush, from a portion of an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 20tli day of February, 1905, framing the issues to be tried by a jury.

1Opinion of the Court

Laughlin, J.:

After framing an issue concerning the commission of adultery at a particular specified time and place, the court, following the language of another allegation of the complaint, framed an issue as to whether the defendant committed adultery with the same corespondent “at divers times between the first day of January, 1904, and the date of the commencement of this action, at divers places in the City of Hew York and elsewhere.” The appeal involves the propriety of framing this issue. The action was commenced on the 5th day of Hovember, 1904. It thus appears that the inquiry covered…

2Cases cited2 opinions

  1. Carrillo v. CarrilloNew York Supreme Court · 1889
  2. Krauss v. KraussAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by12 opinions

  1. In re the Estate of ErlangerNew York Surrogate's Court · 1930
  2. Wilcox v. WilcoxAppellate Division of the Supreme Court of the State of New York · 1906
  3. Poole v. PooleSupreme Court of Iowa · 1936
  4. Wood v. PlattNew York Supreme Court · 1907
  5. In re the Estate of ApplebyNew York Surrogate's Court · 1937

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