Blanc v. Blanc
New York Supreme Court
Appeal from special term, New York county. Action by Frederic N. Blanc against Elizabeth L. Blanc. From an order permitting a supplemental answer, plaintiff appeals. This action, for a divorce on the ground of adultery, was begun May 3, 1893, by the service of a summons and complaint.
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Appeal from special term, New York county. Action by Frederic N. Blanc against Elizabeth L. Blanc. From an order permitting a supplemental answer, plaintiff appeals. This action, for a divorce on the ground of adultery, was begun May 3, 1893, by the service of a summons and complaint. June 37th an amended complaint was served, which was answered July 33, 1893, three defenses being interposed: (1) A general denial: (3) condonation; (3) adulteries on the part of plaintiff, which were set up as a defense and as a counterclaim,—affirmative belief being demanded. July 39th issue was joined by the…
1Opinion of the CourtFollett, J.
Before the Codes, material facts occurring after issue joined could be interposed by way of defense—mere matter of resistance to the plaintiff’s cause of action—in an action at law, by a plea puis dorien continuance, (Grab. Pr. 296,) or, in a suit in equity, by a sup*265plemental answer or by a cross bill. 2 Barb. Ch. Pr. 255; Story, Eq. PL § 903. Section 544 of the Code of Civil Procedure 1provides that the court may permit a party “to make a supplemental complaint, answer, or reply alleging material facts, of which he was ignorant when it [his original pleading] was made.” The power of the…
2Cases cited8 opinions
- Wheelock v. . LeeNew York Court of Appeals · 1878
- MacKellar v. . RogersNew York Court of Appeals · 1888
- Smith v. SmithNew York Court of Chancery · 1834
- Milner v. MilnerNew York Court of Chancery · 1833
- Logan v. LoganCourt of Appeals of Kentucky · 1841
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- White v. WhiteWisconsin Supreme Court · 1918
- Roberts v. RobertsWest Virginia Supreme Court · 1925
- Heinemann v. HeinemannWisconsin Supreme Court · 1930
- Halsted v. HalstedNew York Court of Common Pleas · 1893
- Ames v. AmesNew York Supreme Court · 1919
4 more not listed; retrieve them via the Exa API.