Legal Opinion

Poillon v. Poillon

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

Decided July 1, 1903PublishedCited by 3 opinions

Appeal by the defendant, John James Herring Poillon, and by the co-respondent, Hester B. Poillon, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of June, 1902, as resettled by an order entered in said clerk’s office on the 30th day of June, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, granting the plaintiff a decree of absolute divorce.

1Opinion of the Court

McLaughlin, J. :

Action for an absolute divorce. The plaintiff had a judgment from which the defendant and the co-respondent have appealed. The complaint charged that the defendant committed adultery with the co-respondent at various times and places set out in the complaint. The trial court found that all of these allegations were true. It also found, specifically, that this defendant committed adultery with the co-respondent on the 10th of September, 1898. •

After a careful consideration of all the evidence set out in the record I am of the opinion that the same was insufficient to justify…

2Cases cited2 opinions

  1. Pollock v. . PollockNew York Court of Appeals · 1877
  2. Lopez v. . CampbellNew York Court of Appeals · 1900

3Cited by3 opinions

  1. Roth v. RothAppellate Division of the Supreme Court of the State of New York · 1904
  2. Smith v. Vara, New York County Courts1930
  3. Tatum v. TatumNew York Supreme Court · 1915

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