Amory v. Amory
New York Supreme Court
Motion to open or set aside a judgment, and for a new trial. This action was commenced in July,' 1857, by Angelina Amory against James Amory, to procure a divorce upon the ground of the alleged adultery of the defendant. The defendant, by his answer,' after denying the marriage, alleged, as a separate defence, that, at the time of the supposed marriage, the plaintiff was the lawful wife of one William A. Williams, who was then living.
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Motion to open or set aside a judgment, and for a new trial. This action was commenced in July,' 1857, by Angelina Amory against James Amory, to procure a divorce upon the ground of the alleged adultery of the defendant. The defendant, by his answer,' after denying the marriage, alleged, as a separate defence, that, at the time of the supposed marriage, the plaintiff was the lawful wife of one William A. Williams, who was then living. The issues were sent to a referee for trial, who found as facts: First, That the plaintiff and defendant were never married; and, second, That at the time of…
1Opinion of the CourtMonell, J.
It is by statute that in actions for divorce on ground of adultery, the court may, if the offence charged is denied, award a new or further trial of such issues, as often as justice shall seem to require (2 R. S., 145, § 40). And it is claimed, on behalf of the plaintiff, that she is entitled to the relief she demands under such provision. I have not been able to find any judicial construction of that statute, but & I am of opinion that it has no application - to this case. The section was evidently intended to give the court power to award a new or further trial, after a trial of the issue…
2Cited by1 opinion
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