Dodge v. Dodge
New York Court of Chancery
This was an appeal from a decision of a vice chancellor, denying an application for a divorce, upon a bill taken as confessed against the defendant.
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This was an appeal from a decision of a vice chancellor, denying an application for a divorce, upon a bill taken as confessed against the defendant. From the master’s report there did not appear to be any doubt that the defendant had been guilty of the adultery charged in the bill; but the vice chancellor refused to grant the divorce, because there was some reason to suppose that the complainant had voluntarily cohabited with the defendant after she had knowledge of such adultery.
1Opinion of the Court
The Chancellor.
From the evidence annexed to the master’s report there was certainly much reason to believe the complainant had cohabited with the defendant, voluntarily, after the first acts of adultery of which he had been *590guilty, and with a knowledge of his guilt. Whether she cohabited with him at all, after the last act of adultery committed by him, is a matter of much more doubt. On this subject the master’s report is defective. The order of reference, under the 164th rule of this court, requires the master to take proofs, and to report, as to all the material facts charged in the bill.…
2Cited by5 opinions
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- Stevens v. StevensNew Jersey Court of Chancery · 1862