Platt v. Platt
New York Supreme Court
Action by Mae C. Wood Platt against Thomas C. Platt for divorce. Plaintiff moves for an order framing issues and directing a trial thereof by a jury. Motion denied.
1Opinion of the CourtSeabury, J.
The only issue raised by the pleadings in this action is whether the “plaintiff was married to defendant on or about November 9, 1901, at the Fifth Avenue Hotel, in the city and county of New York.” There is no authority for the submission of this issue to a jury upon this motion, and the practice of submitting any issue.other than that of adultery to a jury in an action of this char*1096acter has been distinctly disapproved by the Appellate Division of this department. Bush v. Bush, 103 App. Div. 588, 93 N. Y. Supp. 159; Packard v. Packard, 88 App. Div. 339, 84 N. Y. Supp. 1090; Wilcox v. Wilcox,…
2Cases cited5 opinions
- Bush v. BushAppellate Division of the Supreme Court of the State of New York · 1905
- Wilcox v. WilcoxAppellate Division of the Supreme Court of the State of New York · 1906
- Packard v. PackardAppellate Division of the Supreme Court of the State of New York · 1903
- Bush v. BushAppellate Division of the Supreme Court of the State of New York · 1905
- Packard v. PackardAppellate Division of the Supreme Court of the State of New York · 1903