Carpenter v. Carpenter
New York Supreme Court
Motion for a new trial on exceptions. Action for a divorce, brought by Augusta Carpenter against Frederick W. Carpenter. Defendant moves for a new trial on exceptions to be heard in the first instance at general term, after trial at circuit of issues framed for a jury.
1Opinion of the CourtDwight, P. J.
The issue of adultery only was sent to the jury on 10 questions, framed upon as many specific allegations of the complaint. The jury answered two of the questions in the affirmative, and the remainder in the negative, the latter under direction of the court. Thereupon the court granted time to the defendant to make a case and exceptions, and ordered the same to be heard at the general term in the first instance. This was in accordance with section 1003 of the Code of Civil Procedure, which extends the provisions of section 1000 to cases in which there has been a trial by jury “of one or more…
2Cases cited2 opinions
- Learned v. . TillotsonNew York Court of Appeals · 1884
- Van Epps v. Van EppsNew York Supreme Court · 1848
3Cited by6 opinions
- Horn v. HornNew York Supreme Court · 1911
- Lusk v. LuskNew York Supreme Court · 1900
- Taylor v. TaylorCalifornia Court of Appeal · 1947
- Gifford v. GiffordAppellate Court of Illinois · 1910
- Johanson v. JohansonCalifornia Court of Appeal · 1910
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