Legal Opinion
Doe v. Roe
New York Supreme Court
Decided July 1, 1808Published
This was an issue out of chancery, to try the fact of adultery, on a bill for a divorce, filed on the part of Grrif.fith, against his wife. The bill charged the wife with having committed adultery with one Byron; and Byron, being produced as a witness, proved the fact.
1Opinion of the CourtThompson, J.
This testimony can be offered for no other purpose than to impeach the credibility of the witness who has been sworn. And in this point of view it is certainly too remote, and is, therefore, inadmissible.(1)
D. B. Ogden, for the plaintiff.
Emmet, for the defendant.
Vide Germond v. Germond. 6 John. C. C. 347, 349; S. C., 1 Paige, 83; Wood v. Wood, 2 Paige, 113.
2Cases cited2 opinions
- Wood v. WoodNew York Court of Chancery · 1830
- Germond v. GermondNew York Court of Chancery · 1828