Betz v. Betz
The Superior Court of New York City
This was an appeal from an order denying the petition of the defendant for leave to put in a supplemental answer in a suit for a limited divorce for alleged cruelty and abandonment.
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This was an appeal from an order denying the petition of the defendant for leave to put in a supplemental answer in a suit for a limited divorce for alleged cruelty and abandonment. The facts were as follows: After the commencement of the suit, and on the 21st of • March, 1863, upon an application made for alimony pendente lite, the court directed, by its order, that “ the plaintiff must offer to return to the society of the defendant, in case he shall ■ provide a place for her support, within a week from the making of this order; and, in case she does so, the defendant must provide such…
1Opinion of the Court
By the Court.—Barbour, J. (after stating the facts.)
The defendant claims that this offer of the plaintiff to return to her husband and live with him was a condonation of the injuries complained of, and therefore constitutes a bar to further proceedings in the action.
But I am satisfied, upon an examination of the authorities, that this position cannot be maintained. For the proposed supplemental answer does not aver that the offer of the wife was accepted by the defendant.; and it expressly states that his offer, which was not made until the lapse of seventeen days, and which appears from such…
2Cited by1 opinion
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