Newell v. Newell
New York Court of Chancery
The bill in this cause was .filed by the husband, against his wife, to annul their marriage contract, on the ground of the physical incapacity of the wife. On the coming in of the answer, the complainant applied for an order, directing the defendant to submit to a surgical or medical examination j for the purpose of enabling him to satisfy the court of the existence of the alleged incapacity at the time of the marriage.
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The bill in this cause was .filed by the husband, against his wife, to annul their marriage contract, on the ground of the physical incapacity of the wife. On the coming in of the answer, the complainant applied for an order, directing the defendant to submit to a surgical or medical examination j for the purpose of enabling him to satisfy the court of the existence of the alleged incapacity at the time of the marriage. The wife admitted her present incapacity for matrimonial intercourse ; but denied that any such incapacity existed at the time of her marriage. She also produced the…
1Opinion of the Court
The Chancellor.
It is evident from the bill and answer and other papers before me, that justice to both parties requires that physicians of intelligence and skill, who by study or practice have made themselves well acquainted with the nature and progress of the disease which has caused the defendant’s present incapacity, should be permitted to examine her. And, under the peculiar circumstances of this case, the complainant ought not to be compelled to leave the decision of his cause to rest solely upon the ex parte examination made by the physicians who have been selected by the wife, for that…
2Cited by10 opinions
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- City of Ottawa v. GillilandSupreme Court of Kansas · 1901
- Ryder v. RyderSupreme Court of Vermont · 1892
- Le Barron v. Le BarronSupreme Court of Vermont · 1862
- Anonymous v. AnonymousNew York Supreme Court · 1910
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