Stevens v. Stevens
New York Supreme Court
Appeal from judgment on report of referee. Action by Charles F. Stevens against Carrie T. Stevens for a divorce on the ground of adultery. From a judgment entered in Chemung county granting plaintiff an absolute divorce, defendant appeals. Code Civil Proc. 2ST. Y. § 831, as amended by Laws FT.
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Appeal from judgment on report of referee. Action by Charles F. Stevens against Carrie T. Stevens for a divorce on the ground of adultery. From a judgment entered in Chemung county granting plaintiff an absolute divorce, defendant appeals. Code Civil Proc. 2ST. Y. § 831, as amended by Laws FT. Y. 1887, c. 103, provides: “A husband or wife is not competent to testify against the other upon the trial of an action * * * founded upon an allegation of adultery, except * * * to disprove the allegation of adultery.”
1Opinion of the CourtMerwin, J.
Upon the trial evidence was admitted, over the objection and ■exception of defendant, showing indiscretions of defendant with other men than those with w’hom adultery was charged in the complaint. The appellant claims that this ruling was erroneous. This claim is supported by the case of Beadleston v. Beadleston, 2 N. Y. Supp. 809, where it was held that such evidence was inadmissible; it being said by Justice Daniels that evidence as to other specific misconduct, not relating to the particular charges in the complaint, was not proper, and had no tendency whatever to establish those charges.…
2Cases cited4 opinions
- Germond v. GermondNew York Court of Chancery · 1822
- Beadleston v. BeadlestonNew York Supreme Court · 1888
- Lockyer v. LockyerNew York Circuit Court · 1845
- Northern Bank of Kentucky v. RoosaOhio Supreme Court · 1844
3Cited by1 opinion
- Huntley v. HuntleyNew York Supreme Court · 1893