McCanliss v. McCanliss

Appellate Division of the Supreme Court of New York

McCanliss v. McCanliss

224 A.D. 668

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1928·No. Appeal No. 2·Published·Cited by 2 cases

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.

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

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224 A.D. 668 (McCanliss v. McCanliss) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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