Betts v. Betts
New York Court of Chancery
THE plaintiff filed a bill fora divorce against the defendant, her husband, charging him with adultery and cruel usage. The bill was taken pro confesso, for want of an answer; and a reference was made to a master to report the facts, and his opinion thereon. The master reported, 1. Cruel usage by the defendant, of his wife. 2. Evidence of adultery, in his opinion satisfactory, and that the evidence consisted of the testimony of three witnesses.
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THE plaintiff filed a bill fora divorce against the defendant, her husband, charging him with adultery and cruel usage. The bill was taken pro confesso, for want of an answer; and a reference was made to a master to report the facts, and his opinion thereon. The master reported, 1. Cruel usage by the defendant, of his wife. 2. Evidence of adultery, in his opinion satisfactory, and that the evidence consisted of the testimony of three witnesses. The first witness testified, that he had been at houses of ill fame in New-York, once or twice, with the defendant, but did not stay long, and that he…
1Opinion of the Court
The Chancellor.
The courts have gone no further on the trial of the issue on a bill of divorce, than to receive proof of the confessions of the party as competent testimony, when connected with other proof. (Doe v. Roe, 1 Johns. Cas. 25.) But, by the 51st rule of this court, in June, 1806, such evidence is not now admissible at all, on a feigned issue to be awarded, to try the fact of adultery. It might be questioned, whether that rule has notgone too far, in wholly rejecting this species of proof, though the statute evidently intended that a divorce for adultery should be founded on other…
2Cases cited1 opinion
- Doe v. RoeNew York Supreme Court · 1799
3Cited by6 opinions
- AnonymousThe Superior Court of New York City · 1862
- Buchanan v. BuchananAppellate Division of the Supreme Court of the State of New York · 1930
- Grobin v. GrobinNew York Supreme Court · 1946
- Burgess v. BurgessSupreme Court of New Hampshire · 1867
- Barnidge v. KilpatrickSupreme Court of Louisiana · 1904
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