Appellate Division of the Supreme Court of New York, 1913

Siebrecht v. Siebrecht

Siebrecht v. Siebrecht
Appellate Division of the Supreme Court of New York · Decided November 15, 1913
159 A.D. 925
Siebrecht v. Siebrecht

Opinion of the Court

— Interlocutory judgment reversed and new trial granted, with costs to plaintiff to abide the event, on the ground that there is no sufficient evidence of adulterous act save on a single occasion at Hawleyville, and as to that the evidence shows that the possible range of vision did not permit the view to which the inculpating witness testified. Hence the finding is against the weight of evidence. Jenks, P. J., Burr, Thomas and Putnam, JJ., concurred; Carr, J., voted for affirmance.

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