Cordier v. Cordier
New York Supreme Court
Action for divorce by reason of alleged adulteries. The defendant answered another action pending in this court for the same cause. On motion, this answer was stricken out, as sham and irrelevant, by order entered July 22, 1863. An appeal from this order was taken to the general term.
1Opinion of the Court
Leonard, Justice.
It is insisted that no former action was pending for the same cause when the present action was commenced, because the particular events charged *188were not in all respects identical. The only difference in fact is the time when the adulteries are charged to have been committed. In each case the adultery is alleged to have been committed with the same person, and the relief sought is a divorce.
At the hearing I was inclined to consider the answer sufficient; but, on further consideration, I have arrived at a different conclusion.
The case comes within that class in which the…
2Cases cited1 opinion
- Clark v. Metropolitan BankThe Superior Court of New York City · 1852
3Cited by4 opinions
- Parker v. SelyeAppellate Division of the Supreme Court of the State of New York · 1896
- Collyer v. CollinsNew York Supreme Court · 1864
- Sworoski v. SworoskiSupreme Court of New Hampshire · 1908
- Parker v. SelyeAppellate Division of the Supreme Court of the State of New York · 1896