Legal Opinion

Anderson v. Anderson

New York Court of Chancery

Decided September 24, 1832PublishedCited by 9 opinions

The bill in this cause was filed by a wife against her hus- ^ w band for a divorce, on account of alleged adultery. A petition was now presented to the court for temporary alimony and money to carry on the suit. This application was met by an affidavit and copy of a separation deed, dated the twentieth day of March, one thousand eight hundred and thirty-two.

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The bill in this cause was filed by a wife against her hus- ^ w band for a divorce, on account of alleged adultery. A petition was now presented to the court for temporary alimony and money to carry on the suit. This application was met by an affidavit and copy of a separation deed, dated the twentieth day of March, one thousand eight hundred and thirty-two. By this deed, the husband agreed to pay and advance to her the annual sum of one hundred and fifty dollars, in quarter-yearly payments. The Mil" had been filed on the nineteenth day of September, one thousand eight hundred and thirty-two;…

1Opinion of the Court

The Vice-Chancellor.

TMs court will not interfere by virtue of its general jurisdiction, to compel a husband and wife to live together, when they have separated; nor force them to live apart when they are cohabiting. But, if they agree to live separate and do separate accordingly, and the husband stipulates to allow the wife a maintenance, equity, acting upon the contract, will enforce such contract against the husband so long as the separation continues: Clancy, ch. 4,p. 397.

But the jurisdiction of the court of chancery and the practice of the English ecclesiastical courts are blended in our…

2Cited by9 opinions

  1. Calkins v. LongNew York Supreme Court · 1855
  2. Franklin v. FranklinMassachusetts Supreme Judicial Court · 1891
  3. Fosdick v. FosdickSupreme Court of Rhode Island · 1885
  4. Foote v. NickersonSupreme Court of New Hampshire · 1900
  5. Dupre v. ReinNew York Court of Common Pleas · 1879

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