Appellate Division of the Supreme Court of New York, 1898

Kirby v. Kirby

Kirby v. Kirby
Appellate Division of the Supreme Court of New York · Decided July 1, 1898 · Barnard
34 A.D. 25

Counsel

Charles F. Cossum, for the appellant., Frank B. Lown, for the respondent., All concurred.

Kirby v. Kirby

Opinion of the Court

The following is the opinion' of Barnard, J., at Special Term:

Barnard, J.:

A bill of particulars would be a difficult matter to frame in an action such as this. A wife charges her husband’s uncle with alienating her husband’s affection and breaking up her home. There is no impropriety alleged other than a continued depreciation of the plaintiff as a wife. Such a complaint must be made out by proof presumably of many instances and probably on many occasions; here a little and there a little. The general allegation is made: You depreciated me to my husband and destroyed my happiness. Such a general charge can be easily met.

Motion denied, with ten dollars costs to abide event.

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