Olmsted v. Olmsted

Dowling, J.:

The action is for divorce. The answer does not deny the marriage, the residence of both parties in this State, and that there is no issue. It denies the other allegations and sets up no affirmative defense.

On plaintiff’s motion the issue of adultery was framed for trial by jury. The issue was tried, and the jury brought in a verdict *394finding defendant guilty of adultery. A motion for a new trial on the minutes of the trial justice was made and denied. Thereupon plaintiff moved at Special Term, Part III, for interlocutory judgment. From the order denying that motion this appeal is…