Cary v. Cary
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendant, Katherine L. Cary, from an order of the Supreme Court, made at the Albany Special Term and-entered in the office of the clerk of the county of Rensselaer on the 30th day of July, 191-0, denying the defendant’s motion to vacate and set aside a final judgment for divorce.
1Opinion of the Court
Smith, P. J.:
The interlocutory judgment herein was entered upon July ■28, 1909. The final judgment was made November 6, 1909,. and entered November 28,-1909. • In August of the same year, and before the final judgment of divorce had been made and entered, the plaintiff took the defendant to his home and there *847lived and cohabited with her as husband and wife, and continued that relation after the final judgment was entered, and until March of the succeeding year. ' By section 1758 of the Code of Civil Procedure a divorce should be denied, although the adultery be proven, “Where the offense…
2Cited by12 opinions
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- Shinn v. ShinnNebraska Supreme Court · 1947
- Linn v. LinnMichigan Supreme Court · 1955
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