Monk v. Monk

So far as this motion is based on the charge of adultery, it cannot be granted. The charges are all made on information and belief, and the defendant positively denies them. ISTo affidavits are tendered in support of them. The case then falls directly within the principle of Osgood v. Osgood, (2 Paige, 621.) The affidavit of the plaintiff respecting general admissions of the defendant to her, does not help her case. The plaintiff must sustain, her action upon the specific charges contained in the complaint. The admission in question, even supposing it does not contravene the rule prohibiting…