Barila v. Barila
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Baffaele Barila,. from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings, on the 3d day of May, 1912, upon the decision of the court, rendered after a trial at the Kings County Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Jenks, P. J.:
The plaintiff appeals from a judgment of the Special Term that dismisses on the merits his action for absolute divorce and decrees a separation upon the counterclaim, with alimony and costs. The court announced at the close of plaintiff’s case that it had decided against the plaintiff on his plea, and thereupon proceeded to try the counterclaim, to which the plaintiff had replied by general denial and by allegation of adultery and adulterous conduct. The trial thereof'was subject to the same procedure as if there had been a separate action upon the subject-matter between the…
2Cases cited5 opinions
- Hawkins v. . HawkinsNew York Court of Appeals · 1908
- Deisler v. DeislerAppellate Division of the Supreme Court of the State of New York · 1901
- Denike v. DenikeAppellate Division of the Supreme Court of the State of New York · 1899
- Denike v. . DenikeNew York Court of Appeals · 1901
- Powers v. PowersAppellate Division of the Supreme Court of the State of New York · 1903