Cohen v. Cohen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Rebecca Cohen, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of November, 1913, denying the defendant’s motion for an order framing issues for a jury trial in an action for divorce.
1Opinion of the Court
Ingraham, P. J.:
I agree with my brother Clarke that the right to a trial by jury of an issue of adultery in an action for divorce is expressly provided for by law, and that either party to this action had an absolute right to a trial of that issue by a jury. The way in which such a trial is to be had and the time within which the application for such trial is to be made is, however, to be established by law, and it seems to me entirely clear that the Legislature had the power to provide the method by which a party demanding such a jury trial should proceed in the enforcement of his right.
Secti…
2Cited by11 opinions
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- Halgren v. HalgrenAppellate Division of the Supreme Court of the State of New York · 1914
- Marco v. SachsNew York Supreme Court · 1960
- Feldman v. SturmAppellate Division of the Supreme Court of the State of New York · 1951
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