Bissell v. Bissell
New York Supreme Court
In EauiTY. The bill in this cause was filed by the wife against her husband, for a separation, on the ground of cruel and inhuman treatment. The plaintiff applied for alimony and for an allowance to enable her to carry on this suit..
1Opinion of the CourtHarris, J.
The granting of an allowance to the wife for alimony and expenses, in suits for divorce, or for a separation, is in the discretion of the court. But the rules which govern, the court in the exercise of that discretion are very different in the two cases. If the bill is filed for a divorce, the wife is entitled of course to the allowance, unless there is an undenied charge of adultery against her. But when the bill is filed by the wife for a separation, it is so far from being a matter of course to allow alimony and expenses, that it must at least appear that the plaintiff had good ground for…
2Cited by3 opinions
- Underwood v. UnderwoodSupreme Court of Florida · 1868
- De Vide v. De VideAppellate Division of the Supreme Court of the State of New York · 1919
- Wood v. WoodAppellate Division of the Supreme Court of the State of New York · 1901