Wood v. Platt
New York Supreme Court
This is a motion made for ant order framing issues and directing a trial thereof by a jury. The material facts are stated in the opinion.
1Opinion of the CourtSeabury, J.
The only issue raised by the pleadings in this action is whether the “ plaintiff.was married to defendant on or about November 9, 1901, at the Fifth Avenue Hotel, in the city and county of New York.” There is no authority for the submission of this issue to a jury upon this motion, and the practice of submitting any issue other than that of adultery to a jury in an action of this character has been distinctly disapproved by the Appellate Division of this Department. Bush v. Bush, 103 App. Div. 588; Packard v. Packard, 88 id. 339; Wilcox v. Wilcox, 116 id. 423.
Motion denied.
2Cases cited1 opinion
- Bush v. BushAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by6 opinions
- In re the Estate of ErlangerNew York Surrogate's Court · 1930
- In re the Application for the Revocation of Letters Testamentary Issued Under the Last Will & Testament of ReinhardtNew York Surrogate's Court · 1915
- In re the Estate of ApplebyNew York Surrogate's Court · 1937
- Horn v. HornNew York Supreme Court · 1911
- King v. KingNew York Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.