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Kirby v. Kirby

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1898
34 App. Div. 25 (N.Y. App. Div. 1898)

Opinion

October Term, 1898.

Charles F. Cossum, for the appellant.

Frank B. Lown, for the respondent.


Order affirmed, with ten dollars costs and disbursements, on opinion of BARNARD, J., at Special Term.

All concurred.

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


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.


Summaries of

Kirby v. Kirby

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1898
34 App. Div. 25 (N.Y. App. Div. 1898)
Case details for

Kirby v. Kirby

Case Details

Full title:SARAH A.M. KIRBY, Respondent, v . CHARLES H. KIRBY, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 1, 1898

Citations

34 App. Div. 25 (N.Y. App. Div. 1898)
54 N.Y.S. 1074

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