Winston v. . Winston
New York Court of Appeals
Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 8, 1898, affirming a judgment of Special Term dismissing the complaint entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. This court has jurisdiction to review the finding as to the recriminatory charges.
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Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 8, 1898, affirming a judgment of Special Term dismissing the complaint entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. This court has jurisdiction to review the finding as to the recriminatory charges. (Ostrom v. Greene, 161 N. Y. 353 ; People v. Page, 162 N. Y. 272; Kaplan v. N. Y. B. Co., 151 N. Y. 171; Laidlaw v. Sage, 158 N. Y. 73 ; Matter of Randel, 158 N. Y. 216.) The evidence of the…
1Opinion of the CourtGray, J.
The plaintiff brought this action in order to obtain a judgment of absolute divorce from the defendant, upon the ground of her adultery. The defendant denied the allegations of the complaint and set up two defenses. She made recriminatory charges against the plaintiff, to the effect that he had been guilty of adultery, and set up a decree of divorce from the plaintiff, procured by her in the courts of the territory of Oklahoma, which authorized her remarriage. The referee, before whom the trial was had, dismissed the complaint, upon the ground that, notwithstanding the plaintiff had made out…
2Cases cited2 opinions
- Lynde v. . LyndeNew York Court of Appeals · 1900
- Moller v. . MollerNew York Court of Appeals · 1889
3Cited by52 opinions
- Haddock v. HaddockSupreme Court of the United States · 1906
- Krause v. KrauseNew York Court of Appeals · 1940
- Evans v. MonaghanNew York Court of Appeals · 1954
- McKeon v. . Van SlyckNew York Court of Appeals · 1918
- Olmsted v. OlmstedSupreme Court of the United States · 1910
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