Burch v. Burch
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Elizabeth Bancroft Burch, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 29th day of Hay, 1902, upon the report of a referee, and also from an order entered in said clerk’s office on the 29th day of Hay, 1902, denying the plaintiff’s motion to refer back this action to said referee to take further testimony.
1Opinion of the Court
McLaughlin, J.:
This action was brought for a separation under a marriage contract, on the ground of cruelty and non-support. The answer denied the material allegations of the complaint and set up a counterclaim alleging adultery on the part of the plaintiff, and praying for an absolute divorce.
The case coming on for trial, the plaintiff offered no evidence and voluntarily submitted to a dismissal of the complaint, and thereupon the defendant introduced evidence to establish the allegations of the counterclaim, which were that the plaintiff between the 4th and 9th days of September, 1900, had…
2Cases cited2 opinions
- Moller v. . MollerNew York Court of Appeals · 1889
- Mott v. MottAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- McNeir v. McNeirNew York Supreme Court · 1911
- McNeir v. McNeirNew York Supreme Court · 1911
- Schulze v. SchulzeAppellate Division of the Supreme Court of the State of New York · 1903