McCanliss v. McCanliss

Appellate Division of the Supreme Court of New York

McCanliss v. McCanliss

224 A.D. 668

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 15, 1928

DocketAppeal No. 2

StatusPublished

This text of 224 A.D. 668 (McCanliss v. McCanliss) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McCanliss v. McCanliss, 224 A.D. 668 (N.Y. Ct. App. 1928).

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Opinion

Order, in so far as appealed from, reversed upon the law and the facts, with ten dollars costs and disbursements, and so much of the motion as was denied, granted, with ten dollars costs. We are of opinion that the defense of voluntary cohabitation with full knowledge of the facts is one upon which defendant has the affirmative, and she is, therefore, entitled to examine plaintiff before trial to establish that defense. Lazansky, P. J., Kapper, Hagarty, Carswell and Seudder, JJ., concur.

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Order, in so far as appealed from, reversed upon the law and the facts, with ten dollars costs and disbursements, and so much of the motion as was denied, granted, with ten dollars costs. We are of opinion that the defense of voluntary cohabitation with full knowledge of the facts is one upon which defendant has the affirmative, and she is, therefore, entitled to examine plaintiff before trial to establish that defense. Lazansky, P. J., Kapper, Hagarty, Carswell and Seudder, JJ., concur.

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Bluebook (online)

224 A.D. 668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccanliss-v-mccanliss-nyappdiv-1928.