Burr v. Burr
New York Court of Chancery
Bill by wife for divorce a vinculo matrimonii, on the ground of adultery. The defendant, in his answer, recriminated: but only gave a sweeping allegation of adultery committed by the complainant, without specifying name, time or circumstances.
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Bill by wife for divorce a vinculo matrimonii, on the ground of adultery. The defendant, in his answer, recriminated: but only gave a sweeping allegation of adultery committed by the complainant, without specifying name, time or circumstances. A feigned issue, on the application of the wife, was ordered ; and upon the making it up, the defendant presented an affidavit, setting forth that he had, since the filing of his answer, ascertained the names of parties with whom the complainant had committed adultery ; and he now asked that in making up the issue it might have reference to such acts of…
1Opinion of the Court
The Vice-Chancellor:
The feigned issue to be made up in this cause is to be confined to the charge in the bill of the defendant’s having committed adultery with the female named therein. The other charge in the bill is too general and indefinite. If the names of persons are unknown, time *449and place at least should be specified. (2 Paige’s Ch. R. 113.) With respect to the recriminatory charge in the answer : it is likewise too general and indefinite to be the subject of an issue ; nor can the affidavit be received to help it out. According to the words of the statute, a feigned issue is to be…
2Cited by2 opinions
- Miller v. MillerSupreme Court of Virginia · 1895
- von Bernuth v. von BernuthNew Jersey Court of Chancery · 1909