Legal Opinion

Pollock v. . Pollock

New York Court of Appeals

Decided November 13, 1877PublishedCited by 99 opinions

Appeal from a judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendant entered upon a decision of the court at Special Term. The nature of the action and the facts are set forth sufficiently in the opinion. The finding of a material fact wholly without evidence to sustain it is an error of law, and upon exception is reviewable in this court.

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Appeal from a judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendant entered upon a decision of the court at Special Term. The nature of the action and the facts are set forth sufficiently in the opinion. The finding of a material fact wholly without evidence to sustain it is an error of law, and upon exception is reviewable in this court. (Mason v. Lord, 40 N. Y, 477; Draper v. Stowvenal, 38 id., 219; Duffy v. Masterson, 44 id., 557; Murray v. Harway, 56 id., 346; Hobart v. Hobart, 62 id., 80, 81.) Adultery could not…

1Opinion of the CourtFolger, J.

This case comes up.in a peculiar form, and it is first necessary to inquire if it is correctly brought before us on appeal, and what our power is in regard to it.

The action was brought by the plaintiff, the husband, for a divorce from the defendant, his wife, on the ground of her adultery. The defendant answered, denying the allegations of her adultery, and making recriminatory allegations of adultery by the plaintiff. The issue being thus joined, it was sent to a referee to take the testimony, and to report the same to the court, with his opinion thereon. He reported the testimony taken by…

2Cases cited2 opinions

  1. Murray v. . HarwayNew York Court of Appeals · 1874
  2. Thompson v. . BlanchardNew York Court of Appeals · 1850

3Cited by99 opinions

  1. Laidlaw v. . SageNew York Court of Appeals · 1899
  2. People v. LewisNew York Court of Appeals · 1987
  3. Lopez v. . CampbellNew York Court of Appeals · 1900
  4. Schoepflin v. . CoffeyNew York Court of Appeals · 1900
  5. Shotwell v. . DixonNew York Court of Appeals · 1900

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