McBride v. McBride
New York Supreme Court
Appeal from special term, New York county. Action for separation by Josephine M. McBride against Robert P. McBride. There was a decree for plaintiff, and defendant appeals. For former reports, see 5 IT. T. Supp. 388, and 6 IT. Y. Supp. 447.
1Opinion of the CourtVan Brunt, P. J.
An examination of the evidence in this case has not satisfied me that such a state of affairs was shown as justified the decree. If the learned justice who passed upon the question as to whether the decree in favor of the plaintiff should be entered or not had had the advantage of hearing the witnesses testify, and thus had been able to judge better than we could do in respect to the testimony and the weight to be given to the testimony offered by the witnesses, we should have very great hesitation in disturbing the conclusions to which he has arrived. It is undoubtedly true that it is…
Also in this document: Concurrence.
2Cited by3 opinions
- Averett v. AverettAppellate Division of the Supreme Court of the State of New York · 1919
- Straub v. StraubAppellate Division of the Supreme Court of the State of New York · 1924
- Simon v. SimonNew York Supreme Court · 1895