Smith v. Smith
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by Albert W. Smith against Julia M. Smith to obtain a divorce on the ground of adultery.
1Opinion of the CourtPryor, J.
The complaint accuses the defendant of committing adultery with Edward Barstow on divers occasions between the 1st day of June, 1886, and the 14th day of October, 1888; but the referee finds the fact of the adultery only “between the middle of March, 1888, and the 1st of September, 1888, at Ho. 137 West 16th street," in the city of Hew York. ” On the argument the single contention of the appellant was that “the evidence-does not support such finding. ” With equal earnestness and ingenuity *818counsel for appellant endeavored to discredit the evidence of the witnesses upon whose testimony the…
2Cases cited2 opinions
- Allen v. . AllenNew York Court of Appeals · 1886
- Van Epps v. Van EppsNew York Supreme Court · 1848
3Cited by2 opinions
- Auld v. AuldThe Superior Court of the City of New York and Buffalo · 1891
- Auld v. AuldThe Superior Court of New York City · 1891