Griffin v. Griffin
New York Supreme Court
Appeal from order striking out certain portions of the answer as irrelevant, and constituting no defence, with costs of the motion. The action was for a divorce dissolving the marriage contract, and the complaint (verified) charged repeated acts of adultery with one Christopher Perry.
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Appeal from order striking out certain portions of the answer as irrelevant, and constituting no defence, with costs of the motion. The action was for a divorce dissolving the marriage contract, and the complaint (verified) charged repeated acts of adultery with one Christopher Perry. The answer (also verified) contained three alleged defences : 1. A general denial of the complaint, except that the parties were inhabitants of the state, and were married in 1840. 2. Physical incapacity on the part of the plaintiff to contract the marriage relation, known to the plaintiff at the time of the…
1Opinion of the Court
By the court,
Hogeboom, Justice.
The answer in this case contains three defences : 1. A denial of the allegations in the complaint. 2. Physical incapacity on the part of the plaintiff to enter into the marriage state, and known to him at the time of the marriage. 3. Cruel and inhuman treatment and abandonment of the wife by the husband, for which she asks a separation or limited divorce.
The plaintiff, on notice, moved to strike out the last two defences as irrelevant and constituting no defence; and *185from the order granting the motion this appeal is taken to the general term.
I. The physical…
2Cases cited1 opinion
- Rose v. RoseNew York Court of Chancery · 1844
3Cited by4 opinions
- Reddington v. ReddingtonMassachusetts Supreme Judicial Court · 1945
- McNeir v. McNeirNew York Supreme Court · 1911
- Mason v. MasonNew York Supreme Court · 1905
- McNeir v. McNeirNew York Supreme Court · 1911