Biers v. Biers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Anna B. Biers, from an interlocutory judgment of the Supreme .Court in favor of the plaintiff, entered in the office of the clerk of 'the county of Erie on the 2d day of January, 1912, upon the decision of the court rendered after a trial at the Erie Special Term in an action for divorce. The action was commenced on the 25th day of February, 1911,' to obtain an absolute divorce on the ground of adultery of the defendant.
Read the full summary
Appeal by the defendant, Anna B. Biers, from an interlocutory judgment of the Supreme .Court in favor of the plaintiff, entered in the office of the clerk of 'the county of Erie on the 2d day of January, 1912, upon the decision of the court rendered after a trial at the Erie Special Term in an action for divorce. The action was commenced on the 25th day of February, 1911,' to obtain an absolute divorce on the ground of adultery of the defendant. The defense was that the alleged adultery had not been committed by the defendant, and that if committed at all, the plaintiff after learning all the…
1Opinion of the Court
McLennan, P. J.:
The trial court has found that the plaintiff was not guilty of the charges of adultery set up in the counterclaim, but that the defendant was guilty of adultery which has not been forgiven or condoned by the plaintiff, and that it was committed without the connivance or procurement of the plaintiff. We think the evidence amply justified the findings of the court in reference to the guilt of the defendant .and the innocence of the plaintiff as to the charges set up in the counterclaim. Upon, the trial-the defendant practically abandoned all defenses save those of forgiveness…
2Cases cited9 opinions
- McCarthy v. . McCarthyNew York Court of Appeals · 1894
- Merrill v. MerrillAppellate Division of the Supreme Court of the State of New York · 1899
- Taylor v. TaylorAppellate Division of the Supreme Court of the State of New York · 1908
- Dickinson v. DickinsonNew York Supreme Court · 1892
- Karger v. KargerNew York Supreme Court · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Admire v. AdmireNew York Supreme Court · 1943
- Bolognino v. BologninoNew York Supreme Court · 1930
- Grobin v. GrobinNew York Supreme Court · 1946
- Stillman v. StillmanNew York Supreme Court · 1921
- Rosenwasser v. RosenwasserNew York Supreme Court · 1920