Anonymous
The Superior Court of New York City
Trial by Referee. This action was brought by a husband to obtain an absolute divorce from his wife, on the ground of alleged adultery on her part. The answer denied the adultery and charged the plaintiff with the commission of the like offence, and claimed judgment in favor of- the defendant for a dissolution of the marriage contract on the ground of adultery. The pleadings were verified. The issues were referred by consent to Hon. Murray Hoffman, to hear and determine.
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Trial by Referee. This action was brought by a husband to obtain an absolute divorce from his wife, on the ground of alleged adultery on her part. The answer denied the adultery and charged the plaintiff with the commission of the like offence, and claimed judgment in favor of- the defendant for a dissolution of the marriage contract on the ground of adultery. The pleadings were verified. The issues were referred by consent to Hon. Murray Hoffman, to hear and determine. The evidence taken before him sufficiently appears from the opinion.
1Opinion of the Court
Murray Hoffman, Referee.—The investigation of this interesting case will be conducted under two leading heads. First, upon the case made under the plaintiff’s • complaint as to the adultery of the defendant; second, upon the defendant’s recriminating charges of adultery committed by the plaintiff. The last, if established, serves not merely as a perfect defence to the plaintiff’s action, but will afford a ground for the affirmative relief asked for in the answer.
*50I consider the decision of Justice Bosworth, in the case from 11 N. Y. Leg. Obs., 350 (B. a. B.), as sufficient, if not decisive…
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- Wood v. WoodNew York Court of Chancery · 1830
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- Banta v. BantaNew York Court of Chancery · 1839
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