Legal Opinion

Booth v. Booth

New York Supreme Court

Decided December 30, 1929Published

1Opinion of the Court

Smith (Edward N.), J.

The action is for divorce. The issue of adultery was tried before a jury, and upon this issue the jury rendered a verdict in favor of the plaintiff. The defendant now moves for a new trial upon the grounds (1) that the plaintiff does not come into court with clean hands, and (2) that an error was committed in refusing to permit the defendant to show her general reputation for good character.

The first ground of course is addressed to the equity side of the court and has no relation to the trial of the issue of adultery; that issue was settled by the jury in favor of the…

2Cases cited5 opinions

  1. Young v. . JohnsonNew York Court of Appeals · 1890
  2. Pratt v. . AndrewsNew York Court of Appeals · 1851
  3. McKane v. . HowardNew York Court of Appeals · 1911
  4. Derrick v. . WallaceNew York Court of Appeals · 1916
  5. Blasi v. BlasiNew York Supreme Court · 1922

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