Galusha v. Galusha
New York Supreme Court
Appeal by the defendant from a judgment, entered on a decision rendered at the Monroe Special Term, granting to the plaintiff an absolute divorce, and awarding to her permanent alimony in the sum of $3,750 payable annually, in quarterly payments during her life.
1Opinion of the Court
Bradley, J.:
When the trial of the action was moved at Special Term, the defendant’s counsel claimed for his client the right of trial by jury, and objected to its proceeding before the court' without a jury. The objection was overruled and exception taken.
The statutory rule in divorce cases is, that if the artswer puts in issue the allegation of adultery, the court must upon application of either party, or it may on its own motion, direct the trial of that issue by jury, and thereupon the questions to be tried must be prepared and settled. (Code Civil Pro., § 1757.) No such application was…
2Cases cited6 opinions
- Forrest v. . ForrestNew York Court of Appeals · 1862
- Burr v. BurrNew York Court of Chancery · 1842
- Carpenter v. . OsbornNew York Court of Appeals · 1886
- Anderson v. AndersonNew York Court of Chancery · 1832
- Forrest v. ForrestThe Superior Court of New York City · 1861
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