Milner v. Milner
New York Court of Chancery
The bill was filed by the wife against the husband, in the month of June one thousand eight hundred and twenty-nine, f°r a divorce on the ground of adultery. Application was now made for leave to withdraw the replication (which had been put in after a supplemental bill) and to amend or be allowed to file a further supplemental bill: in order to set forth acts of adultery committed by the husband since the original bill was filed.
1Opinion of the Court
The Vice-Chancellor:
The question in my mind is, whether the complainant, upon her intending to rely upon the new facts, must not file an entirely new bill ? I consider it not a case for amendment or a supplemental bill. The latter is generally filed to continue the original suit or is, in its matter, directly connected with it and because of the original bill being somewhat defective. But here, there is new substantive cause of action upon which a decree can be had without connecting it with the original bill. The complainant is here wanting to go entirely upon new ground. In fact, to make a…
2Cited by26 opinions
- Prouty v. Lake Shore & Michigan Southern RailroadNew York Court of Appeals · 1881
- Nichols v. RogersMassachusetts Supreme Judicial Court · 1885
- Orton v. NoonanWisconsin Supreme Court · 1872
- Straughan v. HallwoodWest Virginia Supreme Court · 1887
- Blanc v. BlancNew York Supreme Court · 1893
21 more not listed; retrieve them via the Exa API.