Hendrick v. Biggar
New York Supreme Court
Motion to set aside verdict and for a new trial in an action for alienation of affections. The opinion states the case.
1Opinion of the CourtCrane, J.
The defendant moves to set aside this verdict upon four grounds: First - that the judgment divorcing the' plaintiff from her husband because of adultery committed with the defendant here, Laura Biggar, was not properly re-' ceived in evidence against her to prove such acts, as there was no competent evidence that she was a party to the suit,¡ and the judgment, therefore, was not res ad judicata as to her. Second, that if Laura Biggar was a party to the divorce action and the court, therefore, had jurisdiction over her, yet there, was no proof that she had received notice of trial or had de-.…
2Cases cited12 opinions
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- Verplanck v. . Van BurenNew York Court of Appeals · 1879
- Castle v. . NoyesNew York Court of Appeals · 1856
- Konitzky v. . MeyerNew York Court of Appeals · 1872
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3Cited by2 opinions
- Hock v. HockNew York Supreme Court · 1914
- Wolf v. WolfNew York Supreme Court · 1920