Mitchell v. . Mitchell
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court at Special Term. This action was for a divorce, on the ground of adultery.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court at Special Term. This action was for a divorce, on the ground of adultery. The complaint, after charging the defendant with the commission of adultery in December, 1869, and January, 1870, with one John Shay, at a house on John street, in the city of Elmira, in this State, contained the following: “ That, at divers times between the 1st day of May, 1869, and the commencement of this action, and at divers places in said…
1Opinion of the Court
Lott, Ch. C.
The judgment entered in accordance with the decision at Special Term, was > reversed, on appeal, by the (Teneral Term, on the ground, as appears by an opinion “goer curiam,” that “ under a complaint for a divorce, alleging the adultery to have been committed with persons named, and with other persons whose names are unknown to the plaintiff, in the absence of any statement of time and place, evidence of adultery with a person not named is not admissible, without proof being first made of adultery with one or more of the parties named; and that the court, at Special Term, “ erred…
2Cases cited6 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Wood v. WoodNew York Court of Chancery · 1830
- Ferguson v. FergusonNew York Court of Chancery · 1846
- Morrell v. MorrellNew York Supreme Court · 1847
- Bokel v. BokelNew York Court of Chancery · 1840
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Doggett v. DoggettSupreme Court of Oklahoma · 1921
- Honnold v. Brd. of Com'rs Carter Co.Supreme Court of Oklahoma · 1916
- City of De Soto v. HunterMissouri Court of Appeals · 1909
- Carrillo v. CarrilloNew York Supreme Court · 1889
- Krauss v. KraussAppellate Division of the Supreme Court of the State of New York · 1902
8 more not listed; retrieve them via the Exa API.