Burdell v. Burdell
New York Supreme Court
In EauiT v. On a bill filed by the wife, against her husband, for a separation on the ground of cruelty and desertion on his part, the defendant put in an answer setting up the plaintiff’s bad conduct. After his answer was filed, he applied for leave to put in a supplemental answer, alleging adultery on her part, committed since he had put in his answer.
1Opinion of the CourtEdmonds, J.
There are two valid objections to granting this motion. 1. The fact of adultery charged is not made out. All may be true that is alleged in the affidavits on the part of the defendant, and yet the plaintiff be entirely innocent. To justify the granting of such an' application, the court requires very cogent circumstances and such as repel the notion of any attempt to evade the justice of the case, or to set up new and ingeniously contrived defences or subterfuges. Before allowing it, the court should be satisfied that the reasons assigned for the application are well founded, that the facts…
2Cases cited2 opinions
- Smith v. SmithNew York Court of Chancery · 1834
- Taylor v. TitusNew York Court of Chancery · 1833
3Cited by3 opinions
- Curtin v. Salmon River Hydraulic Gold Mining & Ditch Co.California Supreme Court · 1900
- Henry v. HenryThe Superior Court of New York City · 1864
- Henry v. HenryThe Superior Court of New York City · 1854