Merrill v. Merrill
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Laura Whiton Merrill, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 9th day of Jan-nary, 1899, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Hatch, J.:
This is an action brought by the wife to obtain a divorce a vinculo, on the ground of adultery. The proof on the part of the plaintiff tended to establish, and the court found, the commission of adultery by the defendant; but the court also found that such ■offense was condoned, and upon such ground directed a judgment in favor of the defendant dismissing the complaint. This is the only ■question requiring consideration in the case.
The evidence upon which the court based its finding of condonation was undisputed. It appeared that the defendant had committed adultery with the wife of…
2Cases cited5 opinions
- McCarthy v. . McCarthyNew York Court of Appeals · 1894
- Smith v. SmithNew York Court of Chancery · 1834
- Uhlmann v. UhlmannNew York Court of Common Pleas · 1885
- Hofmire v. HofmireNew York Court of Chancery · 1837
- Rogers v. RogersMassachusetts Supreme Judicial Court · 1877
3Cited by15 opinions
- Deisler v. DeislerAppellate Division of the Supreme Court of the State of New York · 1901
- Harris v. HarrisAppellate Division of the Supreme Court of the State of New York · 1903
- Biers v. BiersAppellate Division of the Supreme Court of the State of New York · 1913
- Rogers v. RogersNew York Supreme Court · 1959
- Abbott v. AbbottNew York Supreme Court · 1928
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