Myers v. Myers
New York Supreme Court
HIS is an action for a divorce. There are two counts in the complaint. First. That the contract of marriage was made on the 20th August, 1860, while the plaintiff was under duress of imprisonment; and Second. For adultery of the defendant, committed 16th Jauuary, 1862. Issue was joined by a denial of the allegations in the complaint, not under oath.
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HIS is an action for a divorce. There are two counts in the complaint. First. That the contract of marriage was made on the 20th August, 1860, while the plaintiff was under duress of imprisonment; and Second. For adultery of the defendant, committed 16th Jauuary, 1862. Issue was joined by a denial of the allegations in the complaint, not under oath. A referee was appointed to take the evidence, and to report the same with his opinion; and the case came before the court upon the evidence, and the report of the referee.
1Opinion of the CourtPotter, J.
Ho objection was raised to the complaint for multifariousness: and ho evidence was taken under that count. We may regard it here as abandoned. Though the referee reports that the marriage was voluntarily entered into on the part of the plaintiff, and not by compulsion or threats; and that at the time of the marriage the plaintiff was under arrest on a warrant issued on the application of the superintendents of the poor of Montgomery county, as being the putative father of a bastard child, of which the defendant was then pregnant. The referee also reports, as his opinion, that the defendant…
2Cases cited2 opinions
- Dodge v. DodgeNew York Court of Chancery · 1839
- Arborgast v. ArborgastNew York Supreme Court · 1853
3Cited by4 opinions
- Dennis v. DennisSupreme Court of Connecticut · 1896
- Hall v. HallWest Virginia Supreme Court · 1911
- McIntyre v. McIntyreThe Superior Court of the City of New York and Buffalo · 1894
- May v. MaySupreme Court of Iowa · 1899