Hunt v. . Hunt
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court upon trial at Special Term. (Reported below, 9 Hun, 622.) This was an action for divorce a vinculo on the ground of adultery. The defense was a prior divorce obtained by defendant in Louisiana.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court upon trial at Special Term. (Reported below, 9 Hun, 622.) This was an action for divorce a vinculo on the ground of adultery. The defense was a prior divorce obtained by defendant in Louisiana. The court found the following facts : “ That the plaintiff and defendant intermarried on the 2d day of January, 1866, at the city of New Orleans, they,, at the time of such intermarriage, both being residents and citizens of…
1Opinion of the CourtFolger, J.
This is a suit in equity, brought by the plaintiff against the defendant, for a divorce a vinculo matrimonii. She alleges that she is now his wife. She bases her right to a dissolution of the marriage, on an allegation of adultery committed by him.
That the plaintiff and defendant were once married is admitted. It is also conceded, that since the marriage the defendant has formed a matrimonial alliance in fact, with another woman than the plaintiff, and has lived and cohabited with that woman as his wife. He is therefore guilty of adultery in the eye of the law, and the plaintiff should have…
2Cases cited16 opinions
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- Mills v. DuryeeSupreme Court of the United States · 1813
- Cheever v. WilsonSupreme Court of the United States · 1870
- Dobson v. . PearceNew York Court of Appeals · 1854
- Kerr v. . KerrNew York Court of Appeals · 1869
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