Hoyler v. Hoyler

148 N.Y.S. 1122 | N.Y. App. Div. | 1914

Judgment reversed and new trial granted, without costs. Held, that the *936questions of fraud and impoteney were not covered by the pleadings and should not have been tried against plaintiff’s objection, and that the findings that the plaintiff was guilty of cruel and inhuman treatment are contrary to and against the weight of the evidence. All concurred; Lambert, J., not sitting.