7 Daly 308
New York Court of Common Pleas
Decided June 25, 1877
New York Court of Common Pleas · decided 1877-06-25
Appeal by the plaintiff from a judgment of this court entered upon a dismissal of the complaint at a trial had at a special term of the court, without a jury, before Judge Van Brunt. The decision at special term is reported in 1 Abb. N. 0.140. ... The action was for a limited divorce.
Decided 1877-06-25
¶1dissented, and was for reversing the judgment and ordering a new trial, on the ground that the evidence was not sufficient to justify the finding as to the former marriage of the plaintiff.
¶2Judgment affirmed.
¶3An appeal was taken to the Court of Appeals, but subsequently abandoned, .the Supreme Court of the United States having made a similar decision in the case of Meister v. Moore. 6 Otto, 76.