Rathbun v. Rathbun
New York Supreme Court
Motion, upon the report of the referee, for final judgment of divorce, on the ground of adultery. The referee reports facts ordinarily requiring a judgment of divorcej and the additional fact that the defendant is a lunatic, and the evidence shows that he was insane—of unsound mind—at the time this action was commenced, and for several years previous. The adultery was committed by the defendant prior to his insanity.
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Motion, upon the report of the referee, for final judgment of divorce, on the ground of adultery. The referee reports facts ordinarily requiring a judgment of divorcej and the additional fact that the defendant is a lunatic, and the evidence shows that he was insane—of unsound mind—at the time this action was commenced, and for several years previous. The adultery was committed by the defendant prior to his insanity. Upon an application to the court at special .term, James C. Beecher, an attorney and counsellor of the court, was appointed guardian ad litem for the defendant, and the defendant…
1Opinion of the CourtMarvin, J.
It was said, upon the argument, that no ease, in print, could be found, except Mordaunt agt. Mordaunt, decided the present year in England ; Broadstreet agt. Broadstreet (7 Mass., 474), was cited. It was decided in 1811, and is reported in less than ten lines. It differs from the present case, in this; in that case, the defendant was insane, at the time it was alleged the adultery was committed and so continued, a and the insanity being proved to the satisfaction of the court, the libel was dismissed.” No authority -was cited. The case is a clear authority, for the position that insanity, at…
2Cases cited3 opinions
- Jackson ex dem. Peek v. PeekNew York Supreme Court · 1830
- Broadstreet v. StreetMassachusetts Supreme Judicial Court · 1811
- Krom v. SchoonmakerNew York Supreme Court · 1848
3Cited by8 opinions
- Harrigan v. HarriganCalifornia Supreme Court · 1902
- Merneigh v. MerneighAppellate Court of Illinois · 1954
- Wilemon v. WilemonTexas Supreme Court · 1923
- Laudo v. LaudoAppellate Division of the Supreme Court of the State of New York · 1919
- Horn v. HornAppellate Division of the Supreme Court of the State of New York · 1911
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