Germond v. Germond
New York Court of Chancery
This was a bill filed by the complainant against the defendant for a divorce a vinculo matrimonii, upon the ground of adultery. A feigned issue was awarded to try the charge of adultery, which was tried three times. The first trial resulted in favor of the complainant, the defendant being surprised by an attempt to prove an act of adultery on her part with a person not named in the bill. The two last trials terminated in her favor.
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This was a bill filed by the complainant against the defendant for a divorce a vinculo matrimonii, upon the ground of adultery. A feigned issue was awarded to try the charge of adultery, which was tried three times. The first trial resulted in favor of the complainant, the defendant being surprised by an attempt to prove an act of adultery on her part with a person not named in the bill. The two last trials terminated in her favor. Both the judges who presided at the two last trials certified that the verdicts rendered in favor of the defendant on those occasions were perfectly satisfactory…
1Opinion of the Court
The Chancellor :—This cause is now submitted for a final decree. The defendant asks that the bill against her may be dismissed with costs; that the moneys furnished by her friends for the expenses for her defence may be paid by the complainant; and that she may be paid the arrears of the alimony up to the time of the final decree, at the rate of $25 per month, as allowed by the first order.
The complainant insists he ought not to pay any more for costs and expenses, and that the alimony in arrear ought not now to be paid; at all events, only to the time of the last trial, and at the rate of…
2Cited by6 opinions
- Griffin v. . GriffinNew York Court of Appeals · 1872
- Wood v. WoodNew York Supreme Court · 1872
- Schroter v. SchroterNew York Supreme Court · 1907
- Doe v. RoeNew York Supreme Court · 1808
- Freeman v. FreemanNew York Supreme Court · 1880
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