Hart v. Hart
New York Court of Chancery
Bill by wife against husband for divorce a vinculo matrimonii. A reference had been had to a master to take proof of the facts charged in the bill and to report his opinion. The master reported that from the facts sworn to by the only witness produced before him (whose affidavit was annexed to the report) there was sufficient to entitle the complainant to a divorce.
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Bill by wife against husband for divorce a vinculo matrimonii. A reference had been had to a master to take proof of the facts charged in the bill and to report his opinion. The master reported that from the facts sworn to by the only witness produced before him (whose affidavit was annexed to the report) there was sufficient to entitle the complainant to a divorce. The witness swore that he had been to the defendant’s house and was there introduced to a lady as Mrs. Hart, whose real name was Mary Braddock; that she had the charge of the defendant’s house and acted as the mistress of it; and…
1Opinion of the Court
The Vice-Chancellor:
I have looked into the report and the affidavit annexed to it; but cannot think enough is shown to prove any act of adultery. The latter merely sets forth that the defendant is living separate from his wife and has a woman residing with him. No other cohabitation is proved. The court will not grant a decree in such a case upon conjectures. I must have stronger testimony before I make a decree. This report may go back to the master, for the purpose of giving the complainant an opportunity to strengthen the testimony.
2Cited by3 opinions
- Hutchinson v. HutchinsonNew York Supreme Court · 1907
- Axtell v. AxtellNew York Supreme Court · 1909
- Hutchinson v. HutchinsonNew York Supreme Court · 1907