Lyon v. Lyon
New York Supreme Court
ACTIOS" for "a divorce on the ground of adultery. The answer denied the several acts of adultery alleged in the complaint, and set up, as a defense, the adultery of the plaintiff’. Issues having been settled, were tried at the Onondaga circuit, before a justice of this court without a jury; a trial by jury having been -waived by the parties.
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ACTIOS" for "a divorce on the ground of adultery. The answer denied the several acts of adultery alleged in the complaint, and set up, as a defense, the adultery of the plaintiff’. Issues having been settled, were tried at the Onondaga circuit, before a justice of this court without a jury; a trial by jury having been -waived by the parties. The justice found certain facts in answer to the questions submitted by the issues; among others, the commission of adultery by the defendant on two different occasions. And as a matter of law, he found that the plaintiff was entitled to a judgment of…
1Opinion of the Court
By the Court,
Mullir, J.
The court below has found that the defendant did, on the 15th of July, 1855, and on the 1st of June, 1858, after his marriage, with the plaintiff" commit adultery and have carnal connection with one Ulissa Weston, first at the house of Henry Weston, in Spofford, Onondaga county, and next at her own house in the said town.
The questions .presented by this appeal are, whether the said findings are sustained by competent, legal and sufficient evidence ?
• Thé finding of the commission of the adultery in 1858 rests exclusively on the evidence of Amos Gillett, and of the…
2Cases cited1 opinion
- Montgomery v. MontgomeryNew York Court of Chancery · 1848
3Cited by11 opinions
- de Baillet-Latour v. de Baillet-LatourNew York Court of Appeals · 1950
- Fanning v. FanningNew York Court of Common Pleas · 1892
- Fowler v. FowlerNew York Supreme Court · 1899
- Steimer v. SteimerNew York Supreme Court · 1902
- Buchanan v. BuchananAppellate Division of the Supreme Court of the State of New York · 1930
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