Moller v. . Moller
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme 'Court in the first judicial department, entered upon an order made June 18, 1887, which reversed a judgment of divorce in favor of plaintiff, entered upon the report of a referee. This action was commenced December 14, 1885, by the plaintiff to obtain a divorce from the defendant, her husband, on the ground of adultery.
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Appeal from judgment of the General Term of the Supreme 'Court in the first judicial department, entered upon an order made June 18, 1887, which reversed a judgment of divorce in favor of plaintiff, entered upon the report of a referee. This action was commenced December 14, 1885, by the plaintiff to obtain a divorce from the defendant, her husband, on the ground of adultery. The answer was served February 6, 1886, and the action was referred to a referee on the 29th day of April, 1886, to hear and determine the issues. The complaint alleges the marriage of the parties in January, 1883; that…
1Opinion of the CourtEarl, J.
We agree with the learned judges of the General Term in their low estimate of the value in divorce cases of the evidence of ¡Di’ostitutes and jnivate detectives. The courts ' have come to regard the uncorroborated evidence of such witnesses as insufficient to break the bonds of matrimony. (Sopwith v. Sopwith, 4 Sw. & Tr. 246; Ginger v. Ginger, L. R., 1 P. & D. 38; Banta v. Banta, 3 Edw. Ch. 295; Turney v. Turney, 4 id. 566; Platt v. Platt, 5 Daly, 295 ; Anonymous, 5 Robt. 611.) The consequences which follow a judgment of divorce are so serious and momentous that such a judgment should not be…
2Cases cited3 opinions
- Platt v. PlattNew York Court of Common Pleas · 1874
- Turney v. TurneyNew York Court of Chancery · 1844
- Banta v. BantaNew York Court of Chancery · 1839
3Cited by49 opinions
- District of Columbia v. ClawansSupreme Court of the United States · 1937
- Evans v. MonaghanNew York Court of Appeals · 1954
- McKeon v. . Van SlyckNew York Court of Appeals · 1918
- McCarthy v. . McCarthyNew York Court of Appeals · 1894
- Dunham v. DunhamIllinois Supreme Court · 1896
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