Hollerman v. Hollerman
New York Supreme Court
In EauiTY. Motion for alimony, to enable the complainant to carry on her suit against her husband for a separation. The petition sets forth the filing of the bill of complaint, which prays for a decree of separation, on the ground of abandonment by the husband; the defendant’s appearance, and his ability to provide a support for the plaintiff and the means of enabling her to defray the costs and expenses of the suit; and that she is wholly destitute of property.
1Opinion of the CourtEdmonds, J.
It is not a matter of course to order alimony on bills for separation merely. The court must be satisfied that an allowance would be proper, and that some provision is necessary in order to protect the wife and allow her a full opportunity to establish her just rights. On the other hand, care must be taken lest her being allowed the means of carrying on the suit may be used for bad purposes. The bill does not complain of any infidelity on the part of the husband, nor that he ill treated his wife while they lived together. It merely complains that he refuses to support her, and in that way has…
2Cited by2 opinions
- Monk v. MonkThe Superior Court of New York City · 1867
- Douglas v. DouglasNew York Supreme Court · 1872