196 A.D. 103 | N.Y. App. Div. | 1921
This is an action for divorce.' The complaint shows that the parties were married in this State on the 25th 'day of September, 1904; that there is no issue of the marriage and that the defendant has committed various acts of adultery at times and places specified. Defendant put in issue the material allegations of the complaint with the exception that he admits that no issue has been born to the parties, and alleged for a separate defense that the plaintiff was his niece, and that one John Audley was the father of the defendant and of the plaintiff’s father; that the plaintiff’s father was born in Ireland about the year 1859 as the result of a union between said John Audley and Catherine Audley, and the defendant was born in the city of New York on the 17th day of December, 1879, as the result of the union of said John
The decisions refer to the relationship of uncles and nieces and aunts and nephews as being of the whole- or half blood, and for brevity, I have done so; but that is not strictly accurate because for an uncle and niece to be of the whole blood would require both parents of the niece to be of the whole blood with the uncle and that could only be if the parents of the niece were brother and sister of the whole blood. A niece, one only of whose parents is of the blood and of the whole blood with her uncle, would be of the half blood of the common ancestor while her uncle would be of his whole
It follows that the order should be reversed, but it being a matrimonial action, without costs, and motion granted, without costs.
Dowling, Smith, Merrell and Greenbaum, JJ., concur.
Order reversed, without costs, and motion granted, without costs.