Strong v. Strong
The Superior Court of New York City
This action was brought to obtain a divorce a vinculo, on the ground of alleged adultery of the defendant, and the answer set up the general issue. I. February, 1865. Appeal from an order requiring the plaintiff and his counsel to furnish sworn copies of certain letters within a time certain or debar him from giving their contents in evidence on the trial.
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This action was brought to obtain a divorce a vinculo, on the ground of alleged adultery of the defendant, and the answer set up the general issue. I. February, 1865. Appeal from an order requiring the plaintiff and his counsel to furnish sworn copies of certain letters within a time certain or debar him from giving their contents in evidence on the trial. Subsequent to issue joined, the plaintiff issued a commission to Ohio, and there examined his sister, Mrs. Julia Bedell, who swore in substance that she had received from the respondent in 1863, various letters, containing sundry admissions…
1Opinion of the CourtBarbour, J.
As I understand the section of the Code which is relied upon by the moving party here (§ 388), it is not essential that the two letters now in the hands of the plaintiff’s counsel may, if produced, be read upon the trial by the defendant. It is sufficient, it appears to me, if they contain evidence relating to the merits of the action which may be read by either of the parties. Those letters appear to me to be a portion of a series of letters written by the defendant to the witness, who has been examined and has testified to the contents of the others which have been destroyed, and it is…
2Cases cited24 opinions
- Wood v. WoodNew York Court of Chancery · 1830
- Harrington v. SladeNew York Supreme Court · 1856
- Rouse v. . WhitedNew York Court of Appeals · 1862
- Hoyt v. American Exchange BankThe Superior Court of New York City · 1853
- Malin v. MalinCourt for the Trial of Impeachments and Correction of Errors · 1828
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3Cited by2 opinions
- Lester v. PeopleIllinois Supreme Court · 1890
- Frost v. Frost, New York County Courts1896