Wilson v. Wilson

Judgment and orders affirmed, without costs of this appeal to either party. All concur, except Dowling, J., who dissents and votes for reversal of the judgment and for dismissal of the complaint in the following memorandum: The plaintiff failed to prove her case by a fair preponderance of the evidence. Her testimony was impeached by her own false swearing. In any event she condoned the acts of cruel and inhuman treatment found by the learned referee. She came to Buffalo on December 1, 1935, of her own accord. She voluntarily lived and cohabited with the defendant and had sexual relations with…