Amory v. Amory
The Superior Court of New York City
. Motion to open or set aside a judgment, and for a new trial. This action was commenced in July 1857, by Angelina Amory against James Amory, to procure a divorce upon the ground of the alleged adultery of the defendant. The defendant, by his answer, after denying the marriage, alleged as a separate defense, that, at the time of the supposed marriage, the plaintiff was the lawful wife of one William A. Williams, who was then living.
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. Motion to open or set aside a judgment, and for a new trial. This action was commenced in July 1857, by Angelina Amory against James Amory, to procure a divorce upon the ground of the alleged adultery of the defendant. The defendant, by his answer, after denying the marriage, alleged as a separate defense, that, at the time of the supposed marriage, the plaintiff was the lawful wife of one William A. Williams, who was then living. The issues were sent to a referee for trial, who found as facts : First. That the plaintiff and defendant were never married; and, second. That at the time of the…
1Opinion of the CourtMonell, J.
It is provided by statute that in actions for divorce on the ground of adultery, the court may, if the offense charged is denied, award a new or further trial of *492such issues, as often as justice shall seem to require. (2 B. S. 155, § 40.) And it is claimed, on behalf of the plaintiff, that she is entitled to the relief she demands under such provision. I have not been able to find any judicial construction of that statute, but I am of opinion that it has no application to this case. The section was evidently intended to give the court power to award a new or further trial, after a trial of…
2Cited by4 opinions
- Pettit v. PettitAppellate Division of the Supreme Court of the State of New York · 1905
- Succession of RothSupreme Court of Louisiana · 1881
- Safford v. SaffordThe Superior Court of New York City · 1893
- Safford v. SaffordThe Superior Court of the City of New York and Buffalo · 1893