Doe v. Roe
New York Supreme Court
This was a feigned issue from the court of chancery. One P. S. filed his bill in that court, against Catharine, his wife, to obtain-a divorce for adultery,' pursuant tb the statute of the 30th of March, 1797. The fact being denied by her answer, the Chancellor directed it • to be tried on this issue.
Read the full summary
This was a feigned issue from the court of chancery. One P. S. filed his bill in that court, against Catharine, his wife, to obtain-a divorce for adultery,' pursuant tb the statute of the 30th of March, 1797. The fact being denied by her answer, the Chancellor directed it • to be tried on this issue. On the’trial before Mr. Justice Kent,-at 'the last August sittings in New York, evidence was given, among other things, of the confessions of the wife, to prove her guilt, and a verdict was found for the plaintiff. [*26] *It was now moved to set aside this verdict, bn the ground, that the…
1Opinion of the CourtRadcliff, J.
The confessions of the wife, when connected with other proof, were, in the first instance-admissible. But if it had appeared, that such confessions were made with a fraudulent design, or by collusion with the husband, in order to obtain a divorce, their - effect would be destroyed. No circumstances appear in this case to induce that bélief. I therefore think that the evidence was properly admitted, and that the verdict ought not to be disturbed.(a)
Kent, J., and Benson, J., concurred in this opinion.'.
Lewis, J.
The confessions of the wife, in my opinion, ought not to have been admitted. It was…
2Cited by1 opinion
- Betts v. BettsNew York Court of Chancery · 1814