Germond v. Germond
New York Court of Chancery
MOTION for a new trial on the feigned issue which had been awarded in this case; and that the issue be so amended, as to confine the trial to the charge of adultery committed with W. C. F., and to the trial of that fact alone. The bill charged, that the defendant, since her marriage with the plaintiff, had “ committed adultery, at divers times, with William C. F., and others, to the plaintiff unknown.”
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MOTION for a new trial on the feigned issue which had been awarded in this case; and that the issue be so amended, as to confine the trial to the charge of adultery committed with W. C. F., and to the trial of that fact alone. The bill charged, that the defendant, since her marriage with the plaintiff, had “ committed adultery, at divers times, with William C. F., and others, to the plaintiff unknown.” And that on the first of April, 1816, at the house of the plaintiff, in Rensselaer county, the defendant committed adultery with the said W. C. F. That in May, and July, 1817, the defendant, at…
1Opinion of the Court
The Chancellor.
I see no good reason for disturbing the verdict, for any other cause than that the testimony was not warranted by the issue. The three counts in the feigned issue were, that the defendant had committed adultery, in Rensselaer county, with William C. F., and in the city of JYew-York, with certain persons, whose names were unknown. But the evidence to sustain the verdict was, that the defendant had committed adultery in Rensselaer county, with another person, and not with W. C. F., and so far it may be said, that the defendant was taken by surprise, because, she came to trial to…
2Cited by6 opinions
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- Field v. FieldIllinois Supreme Court · 1925
- Withee v. RoweSupreme Judicial Court of Maine · 1858
- Adams v. AdamsSuperior Court of New Hampshire · 1850
- Goldie v. GoldieNew York Supreme Court · 1902
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