Legal Opinion
Wise v. Wise
Appellate Division of the Supreme Court of the State of New York
Decided December 5, 1913PublishedCited by 5 opinions
Appeal by the defendant, Charles L. Wise, from an order of the Supreme Court, made at Kings County Special Term and entered in the office of the clerk of the county of Kings on the 10th day of October, 1913, denying the defendant’s motion to frame issues* of adultery for trial by jury.
1Opinion of the Court
Stapleton, J.:
Plaintiff, the wife, sued defendant, her husband, for a separation on the ground of cruel and inhuman treatment. The answer states:
“ For a further separate and distinct defense the defendant alleges: * * *
“III. Upon information and belief that between the 1st day of January, 1908, and the 1st day of November, 1912, at divers places within the City of New York, State of New York, and in the City of Philadelphia and State of Pennsylvania and at other places unknown to the defendant but at what particular times and places the defendant is unable to state the plaintiff has committed…
2Cases cited5 opinions
- Fulton County Gas & Electric Co. v. Hudson River Telephone Co.New York Court of Appeals · 1911
- Equitable Life Assurance Society of United States v. CuylerNew York Court of Appeals · 1878
- Bates v. . RosekransNew York Court of Appeals · 1867
- Packard v. PackardAppellate Division of the Supreme Court of the State of New York · 1903
- Montanye v. MontgomeryNew York Court of Common Pleas · 1892
3Cited by5 opinions
- In re the Application for the Revocation of Letters Testamentary Issued Under the Last Will & Testament of ReinhardtNew York Surrogate's Court · 1915
- Crouch v. CrouchAppellate Division of the Supreme Court of the State of New York · 1920
- In re the Estate of PopekNew York Surrogate's Court · 1935
- Ames v. AmesNew York Supreme Court · 1919
- Salsman v. SalsmanNew York Supreme Court · 1959