Legal Opinion

Burtis v. Burtis

New York Court of Chancery

Decided September 20, 1825PublishedCited by 9 opinions

This bill was filed by a wile against her husband. It sfated tile marriage of the parties; that after the marriage, the complainant found, that the defendant was totally impotent; and that lie had been so, from his birth. After stating a clear case of corporal impotence, on the part of the husband, with details, which are here omitted, the bill prayed a discovery from the defendant, in answer to the allegations of the com - plainant, and that the marriage might be dissolved.

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This bill was filed by a wile against her husband. It sfated tile marriage of the parties; that after the marriage, the complainant found, that the defendant was totally impotent; and that lie had been so, from his birth. After stating a clear case of corporal impotence, on the part of the husband, with details, which are here omitted, the bill prayed a discovery from the defendant, in answer to the allegations of the com - plainant, and that the marriage might be dissolved. The defendant demurred to the bill, objecting, that the complainant is not entitled to any relief; that the defendant…

1Opinion of the Court

The Chancellor.

When New York became a vince of England, it was for some years, ruled by a governor, or a governor and council; and during that period, the governor either alone, or in conjunction with the council, seems to have exercised all magistracy, executive, legislative and judicial. During that period, one of the governors, Lovelace, granted four divorces ; of which, one was in 1670, and the other three in 1672. These are the only instances of divorce, which appear to have taken place in the colony, during the long period, in which New York was a province of *564England. , In 1683, the…

2Cited by9 opinions

  1. Langerman v. LangermanNew York Court of Appeals · 1952
  2. Rice v. AndrewsNew York Supreme Court · 1926
  3. Davidson v. ReamNew York Supreme Court · 1916
  4. Hodges v. HodgesNew Mexico Supreme Court · 1916
  5. In re Letters of Administration on the Goods, Chattels & Credits of SpondreNew York Surrogate's Court · 1917

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