Van Epps v. Van Epps
New York Supreme Court
In Equity. The bill in this cause was filed by the wife against her husband, to obtain a divorce, on the ground of adultery. The defendant denied the material allegations in the bill. An issue was thereupon awarded, and was tried at the Albany circuit. The trial resulted in a verdict for the plaintiff.
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In Equity. The bill in this cause was filed by the wife against her husband, to obtain a divorce, on the ground of adultery. The defendant denied the material allegations in the bill. An issue was thereupon awarded, and was tried at the Albany circuit. The trial resulted in a verdict for the plaintiff. The defendant having made application to the chancellor to set aside the verdict, and for a new trial, an order was made on the 6th of February, 1843, by which it was referred to Horace B. Webster, Esquire, a master in chancery, to take proofs upon the issue joined, as to the adultery charged…
1Opinion of the Court
By the Court, Harris, P. J.
The parties to this suit were married in October, 1840. The adultery charged is alledged to have been committed with Jane Bruce, who is proved to have been a woman of abandoned character, and to have kept a house of prostitution. It is proved that, for a considerable period before the defendant’s marriage, an intimacy had existed between him and Mrs. Bruce. At one time, for a month or more, she occupied a back room in his law office, where they both slept. Mrs. Bruce, who was examined as a witness for the defendant, herself states that the defendant had been in the…
2Cited by10 opinions
- AnonymousThe Superior Court of New York City · 1862
- Glean v. GleanAppellate Division of the Supreme Court of the State of New York · 1902
- Carpenter v. CarpenterNew York Supreme Court · 1890
- Brooks v. BrooksMassachusetts Supreme Judicial Court · 1888
- Smith v. SmithNew York Court of Common Pleas · 1891
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