Schulze v. Schulze
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Gottfried August Schulze, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 23d day of January,. 1903, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the plaintiff’s complaint.
1Opinion of the Court
Ingraham, J.:
The action was for a divorce, and at the end of the plaintiff’s case counsel for the defendant moved to dismiss the complaint on the ground that the plaintiff had not proved any act of adultery, which motion was granted, and the plaintiff excepted. Subsequently a. decision was filed which found as a fact “ that the defendant did not, commit any of the acts of adultery alleged or set up in the complaint herein,” and, as a conclusion of law, “ that the plaintiff has not sufficiently proven the allegations of adultery set forth in the complaint, and that, therefore, the defendant is…
2Cases cited2 opinions
- Moller v. . MollerNew York Court of Appeals · 1889
- Burch v. BurchAppellate Division of the Supreme Court of the State of New York · 1903