Waltermire v. . Waltermire
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made December 15, 1885, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought, under section 1762 of the Code of Civil Procedure, for a separation. ■ The answer admitted that defendant left her husband and ceased to live with him in 1882, but alleged it was with his consent.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made December 15, 1885, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought, under section 1762 of the Code of Civil Procedure, for a separation. ■ The answer admitted that defendant left her husband and ceased to live with him in 1882, but alleged it was with his consent. The answer also alleged cruel and inhuman treatment on the part of the plaintiff, and asked for a decree of separation with an allowance for…
1Opinion of the CourtDanforth, J.
The courts were not troubled in this case with contradictory statements nor the evidence of casual observers whose inferences might be inflamed or partial, as their sympathies went with one or the other party. They have had only the testimony of the defendant, and that given not voluntarily or as a witness in her own behalf, but on compulsion of the plaintiff and then left by him undisputed. Tet from this testimony the courts below have reached different conclusions, the trial judge relieving the plaintiff by a decree in his favor, and the General Term adjudging that the plaintiff was at…
2Cases cited1 opinion
- Barrere v. BarrereNew York Court of Chancery · 1819
3Cited by13 opinions
- Howe v. HoweSuperior Court of Pennsylvania · 1901
- Wadsworth v. WadsworthCalifornia Supreme Court · 1889
- Mathewson v. MathewsonSupreme Court of Vermont · 1908
- Atherton v. AthertonNew York Supreme Court · 1894
- Kissam v. KissamAppellate Division of the Supreme Court of the State of New York · 1897
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