Shaw v. Shaw
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William Barrett Shaw, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of Kings county on the 28th day of May, 1912, upon the decision of the court, rendered after a trial at the Kings County Special Term, in an action for divorce.
1Opinion of the Court
Jenks, P. J.:
We should not disturb the judgment. As adulterous acts are naturally secret and clandestine, so proof thereof may naturally be circumstantial and indirect. But that kind of proof, legally speaking, is not necessarily described as conjecture, surmise, guess or speculation, and the proof in this case is not thus to be catalogued, and hence condemned. While there is no proof of the specific act, even the undisputed evidence affords every indication of guilty relations at the time and place specified. It is of course possible that the act itself was not committed, but cogent…
2Cases cited2 opinions
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- Schreck v. SchreckNew York Supreme Court · 1954
- People v. SternAppellate Division of the Supreme Court of the State of New York · 1957
- Shaw v. ShawAppellate Division of the Supreme Court of the State of New York · 1913
- People v. DritzAppellate Division of the Supreme Court of the State of New York · 1940
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