35 N.Y.S. 324 | N.Y. Sup. Ct. | 1895
This action was brought for a divorce, on the ground of adultery. The defendant was entitled, as matter of right, to a trial by jury of the issue of adultery, and she could only be deprived of that right in the manner provided for by the Code. She was not obligated to move the court for the purpose of framing the issues in order that they might be put in position to be tried by a jury. This was the plaintiff’s duty, if he desired to have his ac