Schorn v. Berry
New York Supreme Court
Appeal from special term, Chenango county. Action by Julius A. Schorn against Charles A. Berry. From an order striking out part of the answer as irrelevant, redundant, and scandalous, defendant appeals.
1Opinion of the Court
Martin, . J.
This action was to recover damages for an alleged alienation of the affections of the plaintiff’s wife. Among other allegations contained in the answer was the following: “That on divers and different occasions during the years 1886, 1887, 1888,1889, and 1890 the plaintiff had carnal and criminal connection and intercourse with his servant girls, and with other females, and bragged and boasted of the same to the said Clara Schorn, his said wife, and importuned his said wife to have intercourse with other men.” This portion of the answer was stricken out as irrelevant, redundant,…
2Cases cited5 opinions
- Rea v. TuckerIllinois Supreme Court · 1868
- Smith v. MastenNew York Supreme Court · 1836
- Bunnell v. GreatheadNew York Supreme Court · 1867
- Shattuck v. HammondSupreme Court of Vermont · 1874
- Cook v. WoodSupreme Court of Georgia · 1860
3Cited by2 opinions
- Luick v. ArendsNorth Dakota Supreme Court · 1911
- Hamilton v. McNeillSupreme Court of Iowa · 1911