Purdy v. Robinson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George H. Eobinson, from' an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 7th day of March, 1908, upon the decision of the court, rendered after a trial at the Westchester Special Term, sustaining the plaintiff’s demurrer to the separate defense contained in. the amended answer. • ,
1Opinion of the Court
Jenks, J. :
The first cause óf action is alienation of a wife’s affections, and the second cause criminal conversation. The action was begun on May 2, 1907. The plaintiff has succeeded iii a demurrer to the separate defense as insufficient in law; That defense is that, on or about June 14, 1906, the wife- began her action for an absolute divorce for adultery, wherein the issues were tried, with the result of an interlocutory judgment in her favor on October 22,1906, arid a final judgment accordingly on January 28,1907. And the defendant asks to refer on the trial of this action to ■ the said…
2Cases cited8 opinions
- Bigaouette v. PauletMassachusetts Supreme Judicial Court · 1883
- Hadley v. HeywoodMassachusetts Supreme Judicial Court · 1876
- Harrison v. PriceIndiana Supreme Court · 1864
- Michael v. DunkleIndiana Supreme Court · 1882
- Browning v. JonesAppellate Court of Illinois · 1894
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3Cited by4 opinions
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- Hamilton v. McNeillSupreme Court of Iowa · 1911
- Wolf v. WolfNew York Supreme Court · 1920