McCarthy v. . McCarthy
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made February 7, 1893, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This was an action for divorce on the ground of adultery. The facts, so far as material, are stated in the opinion. The motion to non-suit should have been granted. (Code Civ.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made February 7, 1893, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This was an action for divorce on the ground of adultery. The facts, so far as material, are stated in the opinion. The motion to non-suit should have been granted. (Code Civ. Pro. § 1758.) Divorces are not granted on the evidence of prostitutes and private detectives, unless corroborated. (Moller v. Moller, 115 N. Y. 466.) If both are guilty neither can have a…
1Opinion of the CourtBartlett, J.
This is an appeal from the judgment of the General Term, fourth department, affirming the judgment of the Onondaga County Special Term, entered upon the report of a referee, granting the plaintiff an absolute divorce from the defendant, and awarding her the custody of the only child of the marriage. The order confirming the report of the-referee and directing judgment against defendant authorized the referee to take evidence and certify the same to the court with his opinion as to what sum should be paid by the defendant to the plaintiff for the education and maintenance of the-child and the…
2Cases cited4 opinions
- De Meli v. . De MeliNew York Court of Appeals · 1890
- Moller v. . MollerNew York Court of Appeals · 1889
- Burr v. BurrNew York Court of Chancery · 1842
- Woodrick v. . WoodrickNew York Court of Appeals · 1894
3Cited by60 opinions
- Plummer v. ColerSupreme Court of the United States · 1900
- Evans v. MonaghanNew York Court of Appeals · 1954
- Harris v. HarrisNew York Court of Appeals · 1932
- Cappiello v. CappielloNew York Court of Appeals · 1985
- Doncourt v. DoncourtAppellate Division of the Supreme Court of the State of New York · 1935
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