Lunham v. Lunham
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Minnie E. Lunham, from an interlocutory judgment of the Supreme Court in' favor of the plaintiff, entered in the office of the clerk of the county of Westchéster on the' 15t.h day of January, 1908, upon the decision of the court rendered after a trial at the Westchester Special Term, the jury having theretofore rendered a verdict in favor of the plaintiff after a trial at the Westchester Trial Term upon issues Lamed ; also from an order entered in -…
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Appeal by the defendant, Minnie E. Lunham, from an interlocutory judgment of the Supreme Court in' favor of the plaintiff, entered in the office of the clerk of the county of Westchéster on the' 15t.h day of January, 1908, upon the decision of the court rendered after a trial at the Westchester Special Term, the jury having theretofore rendered a verdict in favor of the plaintiff after a trial at the Westchester Trial Term upon issues Lamed ; also from an order entered in - said clerk’s office on the 6th day of January, 1908, denying the defendant’s motion for a new trial made upon the…
1Opinion of the Court
Burr, J.:
Plaintiff brings this action for an absolute divorce. The jury said by their verdict that on the 26th day of December, 1907, the defendant committed adultery with Hanford S. Moore. While the evidence to sustain this finding is not entirely satisfactory, we are not disposed to reverse the judgment upon the ground that the verdict is against the weight. of the evidence. That, the evidence established' an'opportunity for. carnal intercourse on that occasion is true. This alone would be of little probative force unless there was also evidence of such relation between the parties and such…
2Cases cited9 opinions
- Parkhurst v. . BerdellNew York Court of Appeals · 1888
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1883
- Hoag v. . WrightNew York Court of Appeals · 1903
- Stevens v. . BrennanNew York Court of Appeals · 1879
- Gibney v. . MarchayNew York Court of Appeals · 1866
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Salomon v. SalomonNew York Supreme Court · 1979
- People v. DeckerAppellate Division of the Supreme Court of the State of New York · 1911
- People ex rel. Sheldon v. CurtinAppellate Division of the Supreme Court of the State of New York · 1912
- People v. SantiagoCriminal Court of the City of New York · 1971