Conrad v. Conrad
New York Supreme Court
Demurrer to the complaint in an action for divorce or for a separation.
1Opinion of the CourtBlanchard, J.
The complaint sets forth the adultery
and the cruel conduct of the defendant, and asks for a decree of divorce or, in the alternative, a decree of separation. The defendant demurs, alleging that there is a misjoinder of causes of action in the complaint. Zorn v. Zorn, 38 Hun, 67, expressly holds that causes of action in divorce and separation cannot be united in the same complaint. This case has never been overruled, and seems, therefore, controlling in the present case. The court held in Zorn v. Zorn that such a joinder of causes of action was in violation of •section 484 of the Code of Civil…
2Cases cited4 opinions
- Johnson v. JohnsonNew York Court of Chancery · 1822
- M'Intosh v. M'IntoshNew York Supreme Court · 1856
- Smith v. SmithNew York Court of Chancery · 1833
- Spahn v. SpahnNew York Supreme Court · 1883