Graves v. Graves
New York Court of Chancery
The complainant filed a bill in this case to obtain a divorce upon the ground of the adultery of her husband. He suffered the bill to be taken as confessed. On a reference to a master the facts charged in the bill were fully established. Upon the coming in of the master’s report.
1Opinion of the Court
The Chancellor.
By suffering the bill to be taken as confessed, the defendant admits he has been guilty of the adultery charged, and under such circumstances as to entititle the complainant to a divorce. He cannot afterwards set up any matter in opposition to her claim for costs, or for alimony, which if true would have been a sufficient ground for refusing the divorce. If any such matter existed, the defendant should have put in an answer, insisting thereon as a bar to the suit. The reference to a master is to satisfy the court that a divorce ought to be granted, and to prevent collusion…
2Cited by8 opinions
- Van Voorhis v. . BrintnallNew York Court of Appeals · 1881
- Griffin v. . GriffinNew York Court of Appeals · 1872
- Forrest v. ForrestThe Superior Court of New York City · 1856
- Underwood v. UnderwoodSupreme Court of Florida · 1868
- Forest v. ForestThe Superior Court of New York City · 1856
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