Rivett v. Rivett

Appellate Division of the Supreme Court of New York

Rivett v. Rivett

270 A.D. 878, 61 N.Y.S.2d 7, 1946 N.Y. App. Div. LEXIS 4415

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

DecidedMarch 20, 1946

StatusPublished

Cited by3 cases

This text of 270 A.D. 878 (Rivett v. Rivett) 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

Rivett v. Rivett, 270 A.D. 878, 61 N.Y.S.2d 7, 1946 N.Y. App. Div. LEXIS 4415 (N.Y. Ct. App. 1946).

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Opinion

Order reversed on the law, without costs of this appeal to either party, and a new trial granted. Memorandum: While the wife could not have been compelled to testify to her own adultery, yet if she did so voluntarily, her testimony was not incompetent, under section 349 of the Civil Practice Act. If, having received her testimony, in effect a confession of her own adultery, the court believed it, and found in other testimony sufficient corroboration, he could have granted a decree of divorce. (See Rosenzweig v. Rosenzweig, 231 App. Div. 13; Monypeny v. Monypeny, 171 App. Div. 134.) All concur. (The order dismisses plaintiff’s complaint in an action for an absolute. divorce.) Present — Taylor, P. J., Dowling, McCurn, Larkin and Love, JJ.

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Order reversed on the law, without costs of this appeal to either party, and a new trial granted. Memorandum: While the wife could not have been compelled to testify to her own adultery, yet if she did so voluntarily, her testimony was not incompetent, under section 349 of the Civil Practice Act. If, having received her testimony, in effect a confession of her own adultery, the court believed it, and found in other testimony sufficient corroboration, he could have granted a decree of divorce. (See Rosenzweig v. Rosenzweig, 231 App. Div. 13; Monypeny v. Monypeny, 171 App. Div. 134.) All concur. (The order dismisses plaintiff’s complaint in an action for an absolute. divorce.) Present — Taylor, P. J., Dowling, McCurn, Larkin and Love, JJ.

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Bluebook (online)

270 A.D. 878, 61 N.Y.S.2d 7, 1946 N.Y. App. Div. LEXIS 4415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rivett-v-rivett-nyappdiv-1946.

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