Lockyer v. Lockyer
New York Circuit Court
Feigned issues from chancery in a suit for divorce on the ground of adultery. There was no formal record made up, the parties going to trial upon the certified copy of the order of the court, by which the first issue to b.e tried was whether the defendant, during the years 1841 and 1842, had committed the offense at a certain house with one Johir C.; the second, whether she had been guilty of the like offense at various times in the same year, with one James 0.; and the…
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Feigned issues from chancery in a suit for divorce on the ground of adultery. There was no formal record made up, the parties going to trial upon the certified copy of the order of the court, by which the first issue to b.e tried was whether the defendant, during the years 1841 and 1842, had committed the offense at a certain house with one Johir C.; the second, whether she had been guilty of the like offense at various times in the same year, with one James 0.; and the third, a cross issue, whether complainant had not committed adultery with one Anne 0, The deposition of a witness taken de…
1Opinion of the Court
- The Ovrawit Judge allowed the deposition to be read as evidence on the grour 1 that though the proceeding was not technically a suit in his court, yet it was an action pending .therein in the coni amplation of the statute, which was merely in affirmance of Me practice as it existed before its incorporation into the Be ised Statutes (7 Cow. 63; 1 John. Cas. 147), and the proceeding should therefore be regarded as a suit at law for all the purposes of evidence after it had been sent to the circuit for trial.
Several witnesses proved the practice of improper familiarity between defendant and…
2Cases cited1 opinion
- Jackson ex dem. Green v. KentNew York Supreme Court · 1827
3Cited by2 opinions
- Geary v. StevensonMassachusetts Supreme Judicial Court · 1897
- Stevens v. StevensNew York Supreme Court · 1889