Roth v. Roth
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Julia Roth, from so much of an interlocutory judgment of the Supreme Court in favor of the -plaintiff, entered in the office of the cleric of the county, of Hew York on the 10th day of December, 1902, upon the verdict of a jury, as adjudges that the. plaintiff is entitled to a judgment of divorce, and that alimony shall cease from the date of the entry of such interlocutory judgment, and also from an order entered in said clerk’s office on the 10th…
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Appeal by the defendant, Julia Roth, from so much of an interlocutory judgment of the Supreme Court in favor of the -plaintiff, entered in the office of the cleric of the county, of Hew York on the 10th day of December, 1902, upon the verdict of a jury, as adjudges that the. plaintiff is entitled to a judgment of divorce, and that alimony shall cease from the date of the entry of such interlocutory judgment, and also from an order entered in said clerk’s office on the 10th day of December, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
The evidence of defendant’s adultery is ample to sustain the verdict and decision.
Two exceptions require consideration. One of the issues submitted to the jury was whether the defendant committed adultery with the co-respondent on the 8d day of July, 1901, at Ho. 235 Brook avenue, and another issue was as to whether she committed ad uitery at the same place with the corespondent between the. ninth day of September and the twentieth day of December in the same year; and a third issue'was, whether she had committed a similar act with the co-respondent at a cottage in Patchogue.…
2Cases cited5 opinions
- Pollock v. . PollockNew York Court of Appeals · 1877
- Morris v. . TalcottNew York Court of Appeals · 1884
- Allen v. . AllenNew York Court of Appeals · 1886
- Conger v. . CongerNew York Court of Appeals · 1880
- Poillon v. PoillonAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by8 opinions
- Conklin v. ConklinAppellate Division of the Supreme Court of the State of New York · 1921
- Kay v. KayAppellate Division of the Supreme Court of the State of New York · 1932
- Hutchinson v. HutchinsonNew York Supreme Court · 1907
- Axtell v. AxtellNew York Supreme Court · 1909
- Cottrell v. CottrellAppellate Division of the Supreme Court of the State of New York · 1915
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