Legal Opinion

Doe v. Doe

New York Supreme Court

Decided May 27, 1889PublishedCited by 14 opinions

Appeal from special term.

1Opinion of the CourtLearned, P. J.

A single act of adultery is such a violation of marital obligation as to justify a decree of divorce. Prom the nature of the wrong, it is evident that subsequent sexual cohabitation, with knowledge of the adultery, is a condonation or forgiveness. The reason of this is manifest, without explanation. But, on the contrary, cruelty as a ground for separation is generally, perhaps always, a course of conduct, nota single act. It is hardly, therefore, possible that the injured party should", on occasion of the first wrong, - separate herself, and refuse to live with the wrong-doer. The effort to…

2Cases cited1 opinion

  1. Burr v. BurrNew York Court of Chancery · 1842

3Cited by14 opinions

  1. Phinizy v. PhinizySupreme Court of Georgia · 1922
  2. Tremper v. TremperCalifornia Court of Appeal · 1918
  3. Huffman v. HuffmanOregon Supreme Court · 1906
  4. Weber v. WeberMissouri Court of Appeals · 1916
  5. Allen v. Farmer's Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1897

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