New York Court of Appeals

William E. Pollock, Appellant v. Clara Pollock, Respondent

November 13, 187771 N.Y. 137

Summary

The Court reversed the judgments of the Special and General Terms, holding that the finding of the plaintiff's adultery was unsupported by evidence and therefore an error of law. It clarified the evidentiary standard for recriminatory adultery charges and required the plaintiff to prove that no prior divorce decree exists against him before relief can be granted, remanding the case for that proof.