Bush v. Bush
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Action for divorce by Marion Bush against Pine E. Bush. From a portion of an order framing issues to be tried by a jury, defendant appeals. Modified.
1Opinion of the CourtEaughein, J.
After framing an issue concerning the commission of adultery at a particular, specified time and place, the court, following the language of another allegation of the complaint, framed an issue as to whether the defendant committed adultery with the same co-respondent “at divers times between the 1st day of January, 1904, and the date of the commencement of this action, at divers places in the city of New York and elsewhere.” The appeal involves the propriety of framing this issue. The action was *160•commenced on the 7th day of November, 1904. It thus appears that the inquiry covered a period of…
2Cases cited2 opinions
- Carrillo v. CarrilloNew York Supreme Court · 1889
- Krauss v. KraussAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- King v. KingNew York Supreme Court · 1915
- Platt v. PlattNew York Supreme Court · 1907