Burke v. Burke
The Superior Court of the City of New York and Buffalo
Action by Michael Burke against Alice Burke for divorce. The •co-respondent applies for leave to intervene.
1Opinion of the CourtMcADAM, J.
The action is for absolute divorce, and the corespondent applies for leave to cross-examine the witnesses which may be produced by the plaintiff, as was permitted in Clay v. Clay, 21 Hun, 609. That was an uncontested divorce suit, and the evident purpose of the decision was to prevent imposition on the court, and the legal representative of the co-respondent was practically allowed to act as amicus curiae, as in Stearns v. Stearns, 10 Vt. 540. The English ecclesiastical practice of allowing co-respondents to intervene has not been adopted in this country. 2 Bish. Mar. & Div. (4th Ed.) § 310;…
2Cases cited1 opinion
- Stearns v. StearnsSupreme Court of Vermont · 1838