Diddell v. Diddell
New York Supreme Court
I. June.—Motion to strike out a portion of an answer. This action was brought by Robert Diddell against Abigail Ann Diddell, his wife, to procure a divorce on the ground of adultery. The complaint charged the plaintiff with the commission of acts of adultery with one Hill, at various times in 1855 and during the first four months of 1856.' The answer denied the commission of the offence charged in the complaint.
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I. June.—Motion to strike out a portion of an answer. This action was brought by Robert Diddell against Abigail Ann Diddell, his wife, to procure a divorce on the ground of adultery. The complaint charged the plaintiff with the commission of acts of adultery with one Hill, at various times in 1855 and during the first four months of 1856.' The answer denied the commission of the offence charged in the complaint. It further separately alleged, as the basis of a counter-claim, that the plaintiff had been guilty of several acts of cruel and inhuman conduct towards the defendant, which acts were…
1Opinion of the CourtClerke, J.
In an action for a dissolution of the marriage contract on the ground of adultery, the defendant can set up in the answer the adultery of the plaintiff, and this, if proved, will, like condonation, be a bar to the action. This is expressly *169provided for by the statute. But cruel and inhuman treatment is no bar, nor can it be set up by the way of counterclaim, with the view of obtaining affirmative relief by a judgment in favor of the defendant for a limited, divorce. The article in the Bevised Statutes relating to limited divorces, contemplates and presupposes that the party seeking such…
2Cases cited1 opinion
- Bloore v. PotterNew York Supreme Court · 1833
3Cited by1 opinion
- McNeir v. McNeirNew York Supreme Court · 1911