Kenyon v. Kenyon
New York Supreme Court
Appeal from judgment on report of referee. Action by Samuel H. Kenyon against Lizzie Kenyon for divorce a vinculo matrimonii. Judgment was entered in favor or defendant, and plaintiff appeals.
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Appeal from judgment on report of referee. Action by Samuel H. Kenyon against Lizzie Kenyon for divorce a vinculo matrimonii. Judgment was entered in favor or defendant, and plaintiff appeals. Plaintiff’s complaint avers that the defendant has committed adultery, and alleges “that the said defendant, on or about the 31st day of March, 1894, in the town of Lebanon, in said county of Madison, N. Y., and at the hop kiln of Morris Campbell, in said town, did commit adultery and have carnal connection with one Charles C. Green; and that the said defendant did, at various times between the 1st day…
1Opinion of the CourtHardin, P. J.
Allen v. Allen, 18 N. Y. Wkly. Dig. 184, affirmed 101 N. Y. 658, 5 N. E. 341, is an authority holding that “the rule of *721evidence in an action of divorce a vinculo is the same as in other civil actions.” In the course of the opinion delivered in the general term in that case, Boardman, J., said: “While we may not examine the referee’s opinion to ascertain what he decided, we may l,earn therefrom the principles governing his judgment.” In Murray v. Fox, 39 Hun, 116, near the close of the opinion, Bradley, J., says: “And, although the opinion is no part of the record, it may be referred to for…
2Cases cited9 opinions
- The People v. . HoveyNew York Court of Appeals · 1883
- Bleecker v. . JohnstonNew York Court of Appeals · 1877
- Gordon v. . the PeopleNew York Court of Appeals · 1865
- Schwier v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
- Allen v. . AllenNew York Court of Appeals · 1886
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