Cross v. Cross
New York Court of Chancery
The complainant filed his bill in this case to obtain a divorce, on the ground of adultery, and to .obtain a decree declaring a child of the defendant illegitimate, bom after the commission of the offence charged in the bill. The bill was taken as confessed against the defendant, and was set down for hearing on the master’s report of the testimony, as to the facts and circumstances charged in the bill.
1Opinion of the Court
The Chancellor.
The fact of the adultery, as charged in the bill, is sufficiently proved, and the complainant is entitled to the usual decree dissolving the marriage contract, so far as it is binding on him. The only question is as to the le*140gitimacy of the child born in the fall of 1831. The revised statutes have authorized the court in cases of this kind to decide upon the legitimacy of the children born and begotten after the commission of the offence charged in the bill. (2 R. S. 145.) But as these questions are to be decided upon the proofs taken in the suit between the husband and wife,…
2Cited by26 opinions
- In Re the Estate of FindlayNew York Court of Appeals · 1930
- Egbert v. GreenwaltMichigan Supreme Court · 1880
- In re the Estate of SmithNew York Surrogate's Court · 1930
- Commonwealth v. KerrSuperior Court of Pennsylvania · 1942
- Bell v. Territory of OklahomaSupreme Court of Oklahoma · 1899
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