Banta v. Banta
New York Court of Chancery
Bill for divorce, a vinculo matrimonii, on the ground of adultery. It had been taken as confessed. The master reported in favor of a divorce ; but the only testimony taken was a deposition of one Ann Lee. She swore that she knew both the parlies to this suit; and that the defendant had had connection with her in a house of ill fame. This was all the deposition contained; and she made her mark to it.
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Bill for divorce, a vinculo matrimonii, on the ground of adultery. It had been taken as confessed. The master reported in favor of a divorce ; but the only testimony taken was a deposition of one Ann Lee. She swore that she knew both the parlies to this suit; and that the defendant had had connection with her in a house of ill fame. This was all the deposition contained; and she made her mark to it. The marriage of the complainant and defendant took place on the ninth day of February, one thousand eight hundred and thirty-eight: and the bill was filed about the twenty-fourth day of April in…
1Opinion of the Court
The Vice-Chancellor :
Here is a case of marriage, the commission of adultery, and bill filed, all within the space of three months. The only witness to prove the adultery is a common prostitute, who swears it was committed with herself. She says she knows both the parties, complainant and defendant. Why was she not interrogated, as to how and when she became acquainted with the complainant, as well as with the defendant ? There is something extraordinary in this testimony, coming as it does from such a witness. Besides, the manner in which the deposition is written, is very suspicious. It…
2Cited by3 opinions
- Moller v. . MollerNew York Court of Appeals · 1889
- AnonymousThe Superior Court of New York City · 1862
- Paul v. PaulNew Jersey Court of Chancery · 1883