Legal Opinion

Neiberg v. Neiberg

The Superior Court of the City of New York and Buffalo

Decided April 15, 1894Published

Action by Nettie Neiberg against Louis Neiberg for divorce. Plaintiff moves for leave to serve a supplemental complaint Denied.

1Opinion of the CourtGildersleeve, J.

The action is brought for an absolute divorce on the ground of adultery. Issue has been joined, and the case noticed for trial by both parties. The plaintiff now moves for leave, under section 544 of the Code, to serve a supplemental complaint, setting forth acts of adultery on the part of the defendant committed subsequent to the commencement of the action, and the joining of issue therein. It is the established doctrine of this court, which has been followed by the court of common pleas, that a supplemental complaint, alleging additional acts of adultery by defendant since the commencement…

2Cases cited3 opinions

  1. Blanc v. BlancNew York Supreme Court · 1893
  2. Halsted v. HalstedNew York Court of Common Pleas · 1893
  3. Halsted v. HalstedNew York Court of Common Pleas · 1894

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