Legal Opinion

Anonymous v. Anonymous

New York Supreme Court

Decided March 12, 1938PublishedCited by 4 opinions

1Opinion of the CourtHarris, J.

Motion by the plaintiff for an order punishing the defendant for contempt of court.

Motion by the defendant under rule 107 of the Rules of Civil Practice to dismiss the complaint herein on the ground that a certain defense set up in the answer, and which defense is undisputed as to fact, constitutes an absolute defense to the cause of action herein.

The alleged cause of action is one for divorce based on the alleged adultery of the defendant.

An orderly consideration of the motions requires that the motion to dismiss the complaint be considered first. The defense asserted as being the grounds as…

2Cases cited7 opinions

  1. Wray v. WraySupreme Court of Alabama · 1851
  2. Broadstreet v. StreetMassachusetts Supreme Judicial Court · 1811
  3. Nichols v. NicholsSupreme Court of Vermont · 1858
  4. Cook v. CookNew York Supreme Court · 1869
  5. In re Proving the Last Will & Testament of PrenticeNew York Surrogate's Court · 1920

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Stewart v. TrouttMichigan Court of Appeals · 1977
  2. In re the Probate of the Will of WebberNew York Surrogate's Court · 1946
  3. Wilson v. MitchellNew York Supreme Court · 1957
  4. Stewart v. TrouttMichigan Court of Appeals · 1977

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