New York Supreme Court April 15, 1901 (Fries v. Fries)

Houghton, J.

The jury answered adversely to the plaintiff the specific questions as to the defendant’s adultery, framed at Special Term, for it to pass upon. The plaintiff now moves to set aside the verdict.

Section 1757 of the Code provides that if the answer puts in issue the allegation of adultery, the court must, upon the application of either party, order a trial of that issue by a jury.