Legal Opinion · Dissent

McGown v. McGown

Appellate Division of the Supreme Court of the State of New York

Decided May 6, 1898Published

Action by Henry P. McGown, Jr., against Mary E. McGown (appearing and answering herein as Mary E. Bell). From order modifying decree of divorce, by providing that the defendant should have leave to see the infant child of the parties on the 4th Mondays of February, May, August, and November, for one hour, at the residence of the child’s grandfather, the child to remain during such visits under the personal control of the plaintiff or of any female friend or relative…

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Action by Henry P. McGown, Jr., against Mary E. McGown (appearing and answering herein as Mary E. Bell). From order modifying decree of divorce, by providing that the defendant should have leave to see the infant child of the parties on the 4th Mondays of February, May, August, and November, for one hour, at the residence of the child’s grandfather, the child to remain during such visits under the personal control of the plaintiff or of any female friend or relative delegated by him, both parties appeal. Affirmed.

1Dissent

VAN BRUNT, P. J. (dissenting).

It does not seem to me that the decree of divorce should have been modified. The solicitude of the defendant in respect to her child seems to come rather late. She deliberately abandoned it for the purpose of going into a foreign state to obtain a fictitious divorce, and then commencing an adulterous intercourse with another man, which she is still continuing. Because of this intercourse, she has been found guilty of adultery, and an absolute decree of divorce has been pronounced between her husband and herself, and the custody of her child given to her husband.…

2Cases cited1 opinion

  1. McGown v. McGownNew York Supreme Court · 1898

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