Gore v. Gore
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Franklin P. Gore, from an order of the Supreme Court, made at the St. Lawrence Special Term, and entered in the office of the clerk of the county of St. Lawrence on the 16th day of June, 1904, directing a physical examination, of the defendant, and also from a supplemental order, entered in said clerk’s office on the 5th day of July, 1904, changing the date named in the first above-mentioned order for such examination.
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Appeal by the defendant, Franklin P. Gore, from an order of the Supreme Court, made at the St. Lawrence Special Term, and entered in the office of the clerk of the county of St. Lawrence on the 16th day of June, 1904, directing a physical examination, of the defendant, and also from a supplemental order, entered in said clerk’s office on the 5th day of July, 1904, changing the date named in the first above-mentioned order for such examination. The action is brought by the wife to annul her marriage to defendant on the ground of his physical incapacity and impotency. The husband answers,…
1Opinion of the Court
Parker, P. J.:
The objection which the defendant most earnestly takes to this order is, that the court has no authority to grant one requiring a physical examination of the defendant. In my opinion such objection is not well taken. The old Court of Chancery never refused, that I can discover, to exercise sueli authority. On the contrary, it would never grant a decree annulling a marriage on that ground until such an examination had been had by competent and disinterested surgeons, named or approved by the court, and such an examination would be directed and the defendant ordered to submit…
2Cases cited3 opinions
- Devanbagh v. DevanbaghNew York Court of Chancery · 1836
- Green v. Middlesex Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Cahn v. CahnNew York Supreme Court · 1897
3Cited by7 opinions
- Goldsmith v. GoldsmithAppellate Division of the Supreme Court of the State of New York · 1951
- Cowen v. CowenNew York Supreme Court · 1925
- Trovato v. TrovatoAppellate Division of the Supreme Court of the State of New York · 1941
- Welch v. VerduinNew York Supreme Court · 1923
- Yelin v. YelinNew York Supreme Court · 1929
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