Hendrick v. . Biggar
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 26, 1912, modifying and affirming as modified 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 judgment roll in the divorce action of Hendrick v. Hendrick was absolutely inadmisssible, either conclusively or even presumptively.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 26, 1912, modifying and affirming as modified 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 judgment roll in the divorce action of Hendrick v. Hendrick was absolutely inadmisssible, either conclusively or even presumptively. (State v. Maguire, 50 Iowa, 153.) Such judgment roll was inadmissible in evidence as it was irrelevant and immaterial, and intruded a…
1Opinion of the CourtHiscock, J.
This action was brought to recover damages for the alleged alienation of the affections of respondent’s husband by appellant and thus far has resulted in the affirmance of a judgment for thirty thousand dollars for such cause.
The respondent sought to establish her cause of action by proof amongst other things of adultery by her husband with the appellant. Part of this proposed proof consisted of parol testimony concerning the relations of said parties. But in addition to this there was offered a judgment roll in an action brought by respondent against her husband wherein she was awarded an…
2Cases cited2 opinions
- Embury v. . ConnerNew York Court of Appeals · 1850
- McCarthy v. HillerAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by15 opinions
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- In Re the Estate of HolmesNew York Court of Appeals · 1943
- New York State Labor Relations Board v. Holland Laundry, Inc.New York Court of Appeals · 1945
- Jones v. DeanSupreme Court of Georgia · 1939
- Beers v. O'BrienMassachusetts Supreme Judicial Court · 1944
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