Keville v. Keville
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,. Peter E. Keville, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the comity of Kings on the 19tli ’day of April,. 1907, granting a divorce and fixing alimony pursuant to an interlocutory judgment entered in said clerk’s: office on the 26th day of December, 1906, upon the decision of the court rendered after a ■trial at the Kings County Special Term,, and also from the said' interlocutory…
Read the full summary
Appeal by the defendant,. Peter E. Keville, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the comity of Kings on the 19tli ’day of April,. 1907, granting a divorce and fixing alimony pursuant to an interlocutory judgment entered in said clerk’s: office on the 26th day of December, 1906, upon the decision of the court rendered after a ■trial at the Kings County Special Term,, and also from the said' interlocutory judgment. - • •
1Opinion of the Court
Gaynor, J.:
The complaint alleges and the learned trial judge finds that the defendant committed adultery in his own house in August, 1904, and in April, 1905.. The woman named was the servant of the household, which consisted of the plaintiff and the defendant and their two grown children, son and daughter.
It is not permissible-to make a finding of adultery on such evidence as this case presents. “ Charges of this kind are only to be established by clear and convincing evidence; they are so serious in their character, and the results so grave,' that a court should hesitate before making a…
2Cases cited1 opinion
- Smith v. SmithNew York Supreme Court · 1895
3Cited by4 opinions
- Nottingham v. NottinghamAppellate Division of the Supreme Court of the State of New York · 1924
- Dempsey v. DempseyNew York Supreme Court · 1934
- McNeir v. McNeirNew York Supreme Court · 1911
- Keville v. KevilleAppellate Division of the Supreme Court of the State of New York · 1910