New York Court of Appeals

Esther Y. McCarthy, Respondent v. Eugene McCarthy, Appellant

October 9, 1894143 N.Y. 235

Summary

The Court of Appeals affirmed the lower courts' judgment granting the wife an absolute divorce, awarding custody, and ordering permanent alimony from the commencement of the action, holding that slight corroboration suffices where the husband did not testify, that the wife need not affirmatively prove the statutory allegations in a litigated case, and that the alimony award was within the court's discretion.