Hart v. Hart

New York Court of Chancery

Hart v. Hart

2 Edw. Ch. 207, 1834 N.Y. LEXIS 369, 1834 N.Y. Misc. LEXIS 13

CourtNew York Court of Chancery

DecidedJuly 14, 1834

StatusPublished

Cited by3 cases

This text of 2 Edw. Ch. 207 (Hart v. Hart) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hart v. Hart, 2 Edw. Ch. 207, 1834 N.Y. LEXIS 369, 1834 N.Y. Misc. LEXIS 13 (N.Y. 1834).

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Opinion

The Vice-Chancellor:

I have looked into the report and the affidavit annexed to it; but cannot think enough is shown to prove any act of adultery. The latter merely sets forth that the defendant is living separate from his wife and has a woman residing with him. No other cohabitation is proved. The court will not grant a decree in such a case upon conjectures. I must have stronger testimony before I make a decree. This report may go back to the master, for the purpose of giving the complainant an opportunity to strengthen the testimony.

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The Vice-Chancellor:

I have looked into the report and the affidavit annexed to it; but cannot think enough is shown to prove any act of adultery. The latter merely sets forth that the defendant is living separate from his wife and has a woman residing with him. No other cohabitation is proved. The court will not grant a decree in such a case upon conjectures. I must have stronger testimony before I make a decree. This report may go back to the master, for the purpose of giving the complainant an opportunity to strengthen the testimony.

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Bluebook (online)

2 Edw. Ch. 207, 1834 N.Y. LEXIS 369, 1834 N.Y. Misc. LEXIS 13, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hart-v-hart-nychanct-1834.

Opinion

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