Legal Opinion

Davis v. Davis

Appellate Division of the Supreme Court of the State of New York

Decided January 7, 1942Published

1Opinion of the Court

Judgment reversed on the law and facts, with costs, and a new trial granted. Memorandum. The weight of the evidence in this ease indicates that an improper intimacy existed between the defendant and the corespondent prior to, at the time of, and after the marriage of the parties. The evidence also indicates that the defendant and the corespondent had the lascivious desire, the inclination and the opportunity for illicit intercourse. Many of the lascivious acts referred to in the evidence are alleged to have occurred in the presence of the corespondent’s grown daughter who was not called as a…

2Cases cited7 opinions

  1. Mott v. MottAppellate Division of the Supreme Court of the State of New York · 1896
  2. Van Epps v. Van EppsNew York Supreme Court · 1848
  3. Carpenter v. CarpenterNew York Supreme Court · 1890
  4. Gelbman v. GelbmanAppellate Division of the Supreme Court of the State of New York · 1920
  5. Jacobstein v. JacobsteinAppellate Division of the Supreme Court of the State of New York · 1924

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