Yates v. . Yates
New York Court of Appeals
Appeal from -a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 20, 1911, affirming a judgment in favor of- plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. It was error for the. court to have directed the jury to answer the eighth and ninth questions in the negative.
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Appeal from -a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 20, 1911, affirming a judgment in favor of- plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. It was error for the. court to have directed the jury to answer the eighth and ninth questions in the negative. The effect of this was to withdraw from the consideration of the jury all of defendant’s proof of the misconduct of the plaintiff. (Winston v. Winston, 165 N.…
1Opinion of the CourtHogan, J.
This action was brought by the plaintiff to obtain a decree of absolute divorce. Defendant answered denying the allegations of infidelity charged against her and made recriminatory charges of adultery on the part of the plaintiff, to which a reply was served containing a general denial.
Upon the application of defendant the court, at Special Term, under section 970 of the Code of Civil Procedure made an order stating the issues of the conduct of each party to be submitted to a jury for determination. After trial the verdict of the jury being in favor of the plaintiff, it was followed by the…
2Cases cited4 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- McCarthy v. . McCarthyNew York Court of Appeals · 1894
- Winston v. . WinstonNew York Court of Appeals · 1901
- Moller v. . MollerNew York Court of Appeals · 1889
3Cited by15 opinions
- Evans v. MonaghanNew York Court of Appeals · 1954
- McKeon v. . Van SlyckNew York Court of Appeals · 1918
- Adrian v. UntermanAppellate Division of the Supreme Court of the State of New York · 1952
- Fuller v. MitchellCourt of Appeals of Texas · 1954
- Epstein v. Board of Regents of the UniversityNew York Court of Appeals · 1946
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