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Hoyler v. Hoyler

148 N.Y.S. 1122 Court N.Y. App. Div. Decision date 1914-05-27 English

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p. 1122
HOYLER, Appellant, v. HOYLER, Respondent.
(Supreme Court, Appellate Division, Fourth Department.
May 27, 1914.)

Headnote

Action by Charles A. Hoyler against Martha Hoyler.

Judgment reversed, and new trial granted, without costs. Held, that the questions of fraud and impotency 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.

LAMBERT, J., not sitting