Mondano v. Mondano

New York Supreme Court

Mondano v. Mondano

122 N.Y.S. 731

DecidedApril 11, 1910

StatusPublished

This text of 122 N.Y.S. 731 (Mondano v. Mondano) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mondano v. Mondano, 122 N.Y.S. 731 (N.Y. Super. Ct. 1910).

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Opinion

GIEGERICH, J:

The complaint alleges that the defendant committed adultery “with a certain male person, Achille De Archangelo by name.” The testimony, however, does not disclose the identity of the man with whom the offense proved was committed. The proof is therefore insufficient. Bokel v. Bokel, 3 Edw. Ch. 376 ; see Wood v. Wood, 2 Paige, 113; Mitchell v. Mitchell, 61 N. Y. 398.

If the plaintiff wishes to introduce further proof, he may do so at Trial Term, Part 12, on April 19, 1910, at 10:30 a. m.; otherwise, the complaint will be dismissed.

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GIEGERICH, J:

The complaint alleges that the defendant committed adultery “with a certain male person, Achille De Archangelo by name.” The testimony, however, does not disclose the identity of the man with whom the offense proved was committed. The proof is therefore insufficient. Bokel v. Bokel, 3 Edw. Ch. 376 ; see Wood v. Wood, 2 Paige, 113; Mitchell v. Mitchell, 61 N. Y. 398.

If the plaintiff wishes to introduce further proof, he may do so at Trial Term, Part 12, on April 19, 1910, at 10:30 a. m.; otherwise, the complaint will be dismissed.

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122 N.Y.S. 731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mondano-v-mondano-nysupct-1910.

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