Lammertz v. Lammertz
Supreme Court of New Jersey
On appeal from a decree advised by Vice-Chancellor Reed, who filed the following conclusions : I am constrained to advise a decree granting a divorce. It is admitted that the defendant left the habitation of her husband and has remained away more than two years, during which she has made no overture for a return.
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On appeal from a decree advised by Vice-Chancellor Reed, who filed the following conclusions : I am constrained to advise a decree granting a divorce. It is admitted that the defendant left the habitation of her husband and has remained away more than two years, during which she has made no overture for a return. She can only justify her •absence by proving conduct' by her husband towards her which would put her in a posture to successfully demand maintenance •or in a position to proceed against him by a cross-action for divorce, for if lie, by his cruelty or by his command, drove her from…
1Per curiam
Decree affirmed, for the reasons given in the court of chancery.
For affirmance — The Chief-Justice, Van Syckel, Garrison, Gummere, Ludlow, Bogert, Hendrickson, Nixon —8.
For reversal — Depue, Dixon, Collins, Lippincott, Adams, V REDENBURGH — 6.
2Cited by5 opinions
- Hudson v. HudsonSupreme Court of Florida · 1910
- Hall v. HallSupreme Court of New Jersey · 1900
- O'Brien v. O'BrienNew Jersey Court of Chancery · 1928
- Henderson v. HendersonSupreme Court of New Jersey · 1944
- Jacobs v. JacobsNew Jersey Superior Court Appellate Division · 1970