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2 Barb. 59

Casey v. Casey

New York Supreme Court

Decided December 18, 1847

New York Supreme Court · decided 1847-12-18

In Eutjity. Exceptions to bill for impertinence. The bill was filed by the wife against her husband for a divorce a vinculo, on the ground of adultery, and contained an averment that the defendant had abandoned his wife and neglected to provide for her. This averment was excepted to.

Cited by 1 later decisions — most recently July 1897

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1847-12-18

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Edmonds, J.

¶1A plaintiff may state in his bill any matter of evidence, or any collateral fact, the admission of which, by the defendant, may be material in establishing the general allegations of the bill as a pleading, or in ascertaining or determining the nature, extent, or kind of relief to which the plaintiff may be entitled; or which may legally influence the court in determining the question of costs. And where the averment in the bill may, if admitted by the defendant, or established by proof, thus affect the decision of the cause, it is relevant, and cannot be excepted to as impertinent.

¶2The averment here excepted to may affect the decision of the court, not only as to alimony, part of the relief prayed for, and as to the costs, but also as corroborative of the principal charge of adultery. It cannot, therefore, be impertinent; and the exception is overruled.

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