Fanning v. Fanning
New York Court of Common Pleas
Appeal from special term. Action by Emiiy X. Fanning against Thomas Fanning for divorce. From a judgment for plaintiff, defendant appeals. Beversi-d.
1Opinion of the CourtPryor, J.
Before proceeding to an examination of the evidence on which this judgment depends, it is requisite to recall the interest of the state in the litigation, and to ascertain the degree of proof necessary to a decree of divorce. “A suit for divorce, although, on the face of the record, a mere controversy between two private parties, is, in truth, a triangular proceeding, sui generis, in which the government or public occupy the position of a third party. * * * What the government does is (1) to protect the rights of persons not before the court, but liable to be affected bv the decree or…
2Cases cited3 opinions
- Pollock v. . PollockNew York Court of Appeals · 1877
- Moller v. . MollerNew York Court of Appeals · 1889
- Lyon v. LyonNew York Supreme Court · 1861
3Cited by8 opinions
- In re the Estate of SmithNew York Surrogate's Court · 1930
- Admire v. AdmireNew York Supreme Court · 1943
- Taylor v. TaylorAppellate Division of the Supreme Court of the State of New York · 1908
- Bolognino v. BologninoNew York Supreme Court · 1930
- Halsted v. HalstedNew York Court of Common Pleas · 1895
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