Smith v. Smith
New York Court of Chancery
This was a suit by the husband against his wife, for a divorce, on the ground of adultery. The defendant put in the usual answer, denying the adultery charged in the bill; upon which a feigned issue was awarded. Upon the trial, the complainant proved one act of adultery on the part of the defendant, and the jury gave a verdict against her.
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This was a suit by the husband against his wife, for a divorce, on the ground of adultery. The defendant put in the usual answer, denying the adultery charged in the bill; upon which a feigned issue was awarded. Upon the trial, the complainant proved one act of adultery on the part of the defendant, and the jury gave a verdict against her. The cause being in readiness for hearing upon the pleadings and the verdict of the jury on the feigned issue, it was referred to the vice chancellor of the third circuit, to hear the same, and to make a final decree therein. Upon the hearing before the vice…
1Opinion of the Court
The Chancellor.
As the case stood before the vice chancellor, the decree was certainly correct; and there is no foundation whatever for the appeal. The circuit judge was right in rejecting the evidence, offered by the defendant, to prove a condonation of the adultery which had been established by the testimony of the witness. The only questions properly triable at the circuit, on the pleadings in this case, were as to the defendant’s guilt or innocence in relation to the several charges of adultery stated in the complainant’s bill, and which were set forth in the circuit roll. In a case of…
2Cited by34 opinions
- Bordeaux v. BordeauxMontana Supreme Court · 1905
- Dutcher v. DutcherWisconsin Supreme Court · 1876
- Ribet v. RibetSupreme Court of Alabama · 1864
- Forrest v. ForrestThe Superior Court of New York City · 1856
- White v. WhiteWisconsin Supreme Court · 1918
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