Legal Opinion

Cary v. Cary

Appellate Division of the Supreme Court of the State of New York

Decided May 3, 1911PublishedCited by 12 opinions

. 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

  1. Olson v. Superior CourtCalifornia Supreme Court · 1917
  2. Walton v. WaltonSupreme Court of Colorado · 1929
  3. Lane v. Superior CourtCalifornia Court of Appeal · 1930
  4. Shinn v. ShinnNebraska Supreme Court · 1947
  5. Linn v. LinnMichigan Supreme Court · 1955

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API