Dietrich v. Dietrich
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Michael Dietrich, from a judgment of the Supreme Court in favor of the plaintiff, entered in tbe office of the clerk of the county of New York on the 3d day of March, 1908, upon tbe decision of tbe court, rendered after a trial at tbe New York Special Term.
1Opinion of the Court
Clarke, J. :
Appeal from a judgment entered upon a decision in an action for a separation upon the ground of cruel and inhuman treatment.
The amended complaint alleged in paragraph 2 “ that on or about January 15th, 1894, at the city, county and State of New York, the said plaintiff, Katie Dietrich, intermarried with the defendant, Michael Dietrich, whose wife she now is.” The answer denied the allegation contained in the 2d paragraph of the complaint and for a further separate and distinct defense alleged : “ Upon information and belief that at the time of contracting the alleged marriage set…
2Cases cited3 opinions
- Gall v. . GallNew York Court of Appeals · 1889
- Clayton v. . WardellNew York Court of Appeals · 1850
- O'Gara v. . EisenlohrNew York Court of Appeals · 1868
3Cited by9 opinions
- In re the Estate of ShupackNew York Surrogate's Court · 1936
- In re the Estate of KatzNew York Surrogate's Court · 1930
- In re the Judicial Settlement of the Accounts of First Trust & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1931
- In re the Estate of ZalewskiNew York Surrogate's Court · 1941
- In re the Estate of BurkeNew York Surrogate's Court · 1932
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