Kirkland v. Kirkland
New York Supreme Court
Motion for a bill of particulars in an action for divorce.
1Opinion of the Court
Kellogg, J. M., J.
The complaint charges the defendant with adultery at divers times during the years 1900 and 1901, in the town and village of Gouverneur, with inmates of houses of prostitution. It is entirely indefinite as to time, place and person with whom the adultery is alleged to have been committed. The verified answer admits the marriage, and that there is no issue, and denies every other allegation of the complaint. Upon the pleadings and the affidavit of the defendant’s attorney that he cannot safely proceed to trial until he is furnished with the particulars of the alleged offense,…
2Cases cited3 opinions
- Cohn v. BaldwinNew York Supreme Court · 1893
- Mungall v. BursleyAppellate Division of the Supreme Court of the State of New York · 1900
- Sanders v. SoutterNew York Supreme Court · 1889