Legal Opinion

People ex rel. Keller v. Shrady

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

Decided May 15, 1899PublishedCited by 5 opinions

Appeal by the defendant, George Shrady, from a judgment of the Court of General Sessions of the Peace held in and for the city and county of Hew York .in favor of the relator, entered in the office of the clerk of said court on the 15th day of September, 1898, affirming a judgment made by a magistrate of the city of Pfew York convicting said defendant of abandoning his wife, and ■directing him to pay the sum of eight dollars per week for her support.

1Opinion of the Court

Barrett, J.:

Upon the tria* a certified copy of the findings of a jury in an action in the Supreme Court, brought by the defendant to procure a divorce from the complainant, was introduced in evidence. The jury there found that both the defendant and the complainant had been guilty of adultery, the defendant’s guilty acts being prior in point of time to that of the complainant. We do not think that these findings exonerated the defendant in the present proceeding.

There can be no doubt of the general rule that the infidelity of the wife justifies the husband in separating from her, and…

2Cases cited2 opinions

  1. Springer v. . BienNew York Court of Appeals · 1891
  2. People v. Brady, New York Court of Session, Albany County1895

3Cited by5 opinions

  1. Hawkins v. . HawkinsNew York Court of Appeals · 1908
  2. Roth v. Roth, New York County Courts1912
  3. Keller v.FoleronAppellate Terms of the Supreme Court of New York · 1901
  4. Orendorf v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1907
  5. State v. DavisWest Virginia Supreme Court · 1936

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