Wood v. Platt

New York Supreme Court

Wood v. Platt

57 Misc. 140, 108 N.Y.S. 948

CourtNew York Supreme Court

DecidedDecember 15, 1907

StatusPublished

Cited by6 cases

This text of 57 Misc. 140 (Wood v. Platt) 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

Wood v. Platt, 57 Misc. 140, 108 N.Y.S. 948 (N.Y. Super. Ct. 1907).

Pincite

Opinion

Seabury, J.

The only issue raised by the pleadings in this action is whether the “ plaintiff.was married to defendant on or about November 9, 1901, at the Fifth Avenue Hotel, in the city and county of New York.” There is no authority for the submission of this issue to a jury upon this motion, and the practice of submitting any issue other than that of adultery to a jury in an action of this character has been distinctly disapproved by the Appellate Division of this Department. Bush v. Bush, 103 App. Div. 588; Packard v. Packard, 88 id. 339; Wilcox v. Wilcox, 116 id. 423.

Motion denied.

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Seabury, J.

The only issue raised by the pleadings in this action is whether the “ plaintiff.was married to defendant on or about November 9, 1901, at the Fifth Avenue Hotel, in the city and county of New York.” There is no authority for the submission of this issue to a jury upon this motion, and the practice of submitting any issue other than that of adultery to a jury in an action of this character has been distinctly disapproved by the Appellate Division of this Department. Bush v. Bush, 103 App. Div. 588; Packard v. Packard, 88 id. 339; Wilcox v. Wilcox, 116 id. 423.

Motion denied.

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Bluebook (online)

57 Misc. 140, 108 N.Y.S. 948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-platt-nysupct-1907.

Opinion

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