Legal Opinion

Servis v. . Servis

New York Court of Appeals

Decided November 18, 1902PublishedCited by 11 opinions

Appeal from a judgment of the Apjiellate Division of the Supreme Court in the fourth judicial department, entered July 31, 1901, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff failed to sustain the burden of proof resting upon her to show that the defendant was the active procuring cause of her abandonment.

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Appeal from a judgment of the Apjiellate Division of the Supreme Court in the fourth judicial department, entered July 31, 1901, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff failed to sustain the burden of proof resting upon her to show that the defendant was the active procuring cause of her abandonment. (Serles v. M. R. Co., 101 N. Y. 651; Taylor v. City of Yonkers, 105 N. Y. 202; Bond v. Smith, 113 N. Y. 378; Laidlaw v. Sage, 158 N. Y. 73; Ruppert v. B. R. R. Co., 154…

1Opinion of the Court

Parker, Oh. J.

A substantial judgment has been rendered in this case upon a verdict determining that defendants alienated from the plaintiff the affections of her husband, their son, Samuel H. Servís. The Appellate Division reversed as to the defendant Matilda Servís, granting a new trial on the ground that the verdict was contrary to the evidence, but affirmed by a divided court as to the other defendant.

Some time in the year 1895 plaintiff and Samuel were introduced at the house of a neighbor. _ He accompanied her home and obtained her consent to see her frequently. Afterward they met…

2Cited by11 opinions

  1. MC GRADY v. RosenbaumAppellate Division of the Supreme Court of the State of New York · 1970
  2. Cutter v. CooperMassachusetts Supreme Judicial Court · 1920
  3. Luick v. ArendsNorth Dakota Supreme Court · 1911
  4. Woodson v. BaileySupreme Court of Alabama · 1924
  5. Caplan v. CaplanSupreme Court of New Hampshire · 1928

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