Rolle v. Rolle
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward F. Rolle, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of April, 1922, as denies defendant’s motion to serve and file an amended answer setting up the facts contained in defendant’s proposed answer by way of counterclaim.
1Opinion of the Court
Page, J.:
The action is brought by a wife for a separation. The husband moves to be allowed to amend by interposing as a defense and counterclaim the acts of adultery of the wife committed in Chicago, where the parties were married and resided before they became residents of this State, knowledge of which acts he acquired after his answer was served. The court granted the motion to allow the defense, but denied the right to counterclaim for an absolute divorce.
The restriction upon the right to maintain an action for divorce (Civil Practice Act, § 1147) is not applicable to a counterclaim (Id.…
2Cases cited8 opinions
- Wood Selick v. . BallNew York Court of Appeals · 1907
- Jenness v. JennessIndiana Supreme Court · 1865
- J. R. Alsing Co. v. New England Quartz & Spar Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Clutton v. CluttonMichigan Supreme Court · 1896
- Sterl v. SterlAppellate Court of Illinois · 1878
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3Cited by5 opinions
- Daniels v. SoudersCourt of Appeals for the D.C. Circuit · 1952
- Tri Terminal Corp. v. CITC Industries, Inc.New York Supreme Court · 1979
- Stevens v. StevensAppellate Division of the Supreme Court of the State of New York · 1936
- Weiss v. WeissNew York Supreme Court · 1929
- Hoops v. HoopsAppellate Division of the Supreme Court of the State of New York · 1928