Burch v. Burch
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by Elizabeth B. Burch against Thomas Hamilton Burch. From a judgment confirming the report of a referee granting defendant an absolute divorce, plaintiff appeals. Reversed.
1Opinion of the CourtMcLAUGHLIN, J.
This action was brought for a separation under a marriage contract on the ground of cruelty and nonsupport. The answer denied the material allegations of the complaint, and set up a counterclaim alleging adultery on the part of the plaintiff, and praying for an absolute divorce. The case coming on for trial, the plaintiff offered no evidence, and voluntarily submitted to a dismissal of the complaint, and thereupon the defendant introduced evidence to establish the allegations of the counterclaim, which were that the plaintiff, between the 4th and 9th days of September, 1900, had committed…
2Cases cited3 opinions
- Moller v. . MollerNew York Court of Appeals · 1889
- Mott v. MottAppellate Division of the Supreme Court of the State of New York · 1896
- Poillon v. PoillonAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- McNeir v. McNeirNew York Supreme Court · 1911