Gallagher v. Gallagher
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Catherine Gallagher, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Ulster on the 5 th day of August, 1903, upon the decision of the court rendered after a trial at the Ulster Special Term.
1Opinion of the Court
Houghton, J.:
The plaintiff brought action for a separation and the defendant by counterclaim alleged adultery on the part of the plaintiff, and asked for an absolute divorce.
The plaintiff’s complaint was dismissed by the court and the affirmative relief granted to the defendant.
On the trial the defendant called as a witness the co-respondent, and proved by him facts from which the only legitimate inference was that the plaintiff had committed adultery with him as alleged. On cross-examination the plaintiff asked of the witness the direct question whether he did have intercourse with the…
2Cases cited1 opinion
- The People v. . ColeNew York Court of Appeals · 1871
3Cited by13 opinions
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- St. Charles Savings Bank v. DenkeeSupreme Court of Missouri · 1918
- People v. McGowanCalifornia Court of Appeal · 1926
- In re Leala T.Appellate Division of the Supreme Court of the State of New York · 2008
- Brown v. TannerDistrict Court of Appeal of Florida · 1964
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