Wood v. Wood
New York Court of Chancery
The bill in this cause was filed for the purpose of obtaining a divorce on the ground of adultery. The wife put in a general answer denying the adultery charged in the complainant’s bill, and a feigned issue was thereupon directed.
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The bill in this cause was filed for the purpose of obtaining a divorce on the ground of adultery. The wife put in a general answer denying the adultery charged in the complainant’s bill, and a feigned issue was thereupon directed. A petition was afterwards presented by the defendant, stating on oath that she was innocent of the adultery charged against her; but that her husband had by threats of violence and under peculiar circumstances obtained from her written confessions which he intended to make use of against her on the trial; that since her answer had been put in, she had been informed…
1Opinion of the Court
The Chancellor.
The application on the part of the defendant to put in a new answer must be granted as a matter of right. The former answer and the whole proceedings founded thereon have been irregular. It appears from the affidavit of the complainant, as well as from the petition of the defendant, that she was married in January, 1825, when she was only in her sixteenth year. She was therefore an infant at the time the answer was put in and when the feigned issue was awarded. She appeared and put in the answer by a solicitor instead of a guardian when she was' legally incompetent to…
2Cited by56 opinions
- Brinkley v. . BrinkleyNew York Court of Appeals · 1872
- Griffin v. . GriffinNew York Court of Appeals · 1872
- Dutcher v. DutcherWisconsin Supreme Court · 1876
- Conant v. ConantCalifornia Supreme Court · 1858
- Phelan v. PhelanSupreme Court of Florida · 1868
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