Legal Opinion

Renwick v. Renwick

New York Court of Chancery

Decided November 21, 1843PublishedCited by 3 opinions

The bill in this cause was filed for a divorce on account of the adultery of the husband. The defendant allowed the bill to be taken as confessed for want of an answer • and the usual order of reference was made to a master in New-York to take proof of the facts charged in the bill, and to report, such proof to the court, with his opinion thereon. The witnesses to prove the charge of adultery resided in the county of Tompkins.

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The bill in this cause was filed for a divorce on account of the adultery of the husband. The defendant allowed the bill to be taken as confessed for want of an answer • and the usual order of reference was made to a master in New-York to take proof of the facts charged in the bill, and to report, such proof to the court, with his opinion thereon. The witnesses to prove the charge of adultery resided in the county of Tompkins. And upon the certificate of the master a commission was issued, to a commissioner residing at Ithaca, to take the examination of the persons named in the master’s…

1Opinion of the Court

The Chancellor.

The adultery of the defendant as charged in the bill is fully established by the testimony of several witnesses. The divorce must, therefore, be granted as prayed for ; and as no objection was made, upon the hearing, to the giving the care and custody of the children who had not arrived at the age of twenty-one to the mother, their care and custody must be committed to her until the further order of the court. Indeed, it is charged in the bill, and admitted for the purposes of this suit, that the defendant, several years since, abandoned his wife and *424family, and has contributed…

2Cases cited2 opinions

  1. Barber v. RootMassachusetts Supreme Judicial Court · 1813
  2. Gallego v. ChevallieU.S. Circuit Court for the District of Virginia · 1826

3Cited by3 opinions

  1. Boykin v. RainSupreme Court of Alabama · 1856
  2. Wait v. WaitNew York Supreme Court · 1848
  3. The E. C. ScrantonDistrict Court, S.D. New York · 1868

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