Downing v. Downing
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John J. Downing, from an order of the Supreme Court, made at the New York Special Term, bearing date the 18th day of October, 1897, and entered in the office of the clerk of the county of New York, awarding the plaintiff alimony and counsel fees.
1Per curiam
This'action was brought to procure an absolute divorce against the defendant. The complaint had been served, but at the time of the making of the motion in question the time to answer had not expired. All the allegations constituting the ground of divorce in the complaint are upon information and belief; and this motion was based upon a petition and the complaint. The defendant, answering the motion, filed an affidavit denying absolutely the charges of adultery contained in the complaint, and no proofs whatever tending to show the sources of information, or the grounds of belief of the…
2Cited by2 opinions
- Wood v. WoodAppellate Division of the Supreme Court of the State of New York · 1901
- Schweig v. SchweigAppellate Division of the Supreme Court of the State of New York · 1907