Uhlmann v. Uhlmann
New York Court of Common Pleas
Reference to hear and determine the issues in cross actions for divorce. The action in the court of common pleas was brought by Mr. Uhlmann, for a judicial separation, on the grounds of alleged cruelty, and desertion or abandonment. The answer, as originally made, so far as it raised any issue, consisted of specific denials, of particular allegations in the complaint.
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Reference to hear and determine the issues in cross actions for divorce. The action in the court of common pleas was brought by Mr. Uhlmann, for a judicial separation, on the grounds of alleged cruelty, and desertion or abandonment. The answer, as originally made, so far as it raised any issue, consisted of specific denials, of particular allegations in the complaint. During.the trial of the action, a supplementary pleading by way of answer was served, setting up charges of adultery. These charges were pleaded not only as a counterclaim in the action in the court of common pleas, but also as…
1Opinion of the Court
Dwight, Ref.
—[After reviewing the testimony which the referee held sustained the charge of adultery by Mrs, Uhlman, and the evidence claimed to establish a forgiveness or condonation thereof.]—Con-donation is a purely technical term of the English ecclesiastical law. There are certain fixed rules connected with it, which, in the main, are incorporated into the American law of divorce. The New York statute (Code Civ. Pro. § 1758), uses the word “forgiveness.” This is a word of a more popular kind than condonation—Anglo-Saxon instead of Latin—but with the same general meaning.
The statute…
2Cases cited24 opinions
- Kamp v. . KampNew York Court of Appeals · 1874
- Forrest v. . ForrestNew York Court of Appeals · 1862
- Briggs v. BriggsMichigan Supreme Court · 1870
- Kennedy v. . KennedyNew York Court of Appeals · 1878
- Perky v. PerryNew York Court of Chancery · 1831
19 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Williams v. WilliamsSupreme Court of Minnesota · 1907
- Merrill v. MerrillAppellate Division of the Supreme Court of the State of New York · 1899
- Harne v. HarneCourt of Appeals of Maryland · 1922
- Kuster v. KusterNew York Supreme Court · 1902
- McNeir v. McNeirNew York Supreme Court · 1911
11 more not listed; retrieve them via the Exa API.