Perky v. Perry
New York Court of Chancery
The bill in this cause was filed by the complainant against his wife to obtain a divorce a mensa et thoro. It stated that the defendant was in the constant habit of intoxication; that she contracted debts, in the name of her husband, for liquors, &c.; that, in her fits of passion and drunkenness, she committed acts of cruelty and violence upon him and his children; that she broke and destroyed his windows and furniture, and that of his neighbors; that on one occasion she…
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The bill in this cause was filed by the complainant against his wife to obtain a divorce a mensa et thoro. It stated that the defendant was in the constant habit of intoxication; that she contracted debts, in the name of her husband, for liquors, &c.; that, in her fits of passion and drunkenness, she committed acts of cruelty and violence upon him and his children; that she broke and destroyed his windows and furniture, and that of his neighbors; that on one occasion she attacked the complainant in his sleep, and gave him a blow which wounded his head ; and on another occasion she beat his…
1Opinion of the Court
The Chancellor.
There is no doubt that by the law of England, as it existed at the time of our separation from that country, and as it still exists there, such conduct as is charged by the complainant in this bill, if not produced by his own misconduct, would be sufficient to entitle him to a. decree against his wife, in the proper court, divorcing her from his bed and board. Although the applications to the ecclesiastical courts in England for separation on account of cruelty, are generally on the part of the wife, yet all the writers on the subject admit the right of the husband to institute…
2Cited by44 opinions
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- Erkenbrach v. . ErkenbrachNew York Court of Appeals · 1884
- Cutting v. . CuttingNew York Court of Appeals · 1881
- Griffin v. . GriffinNew York Court of Appeals · 1872
- In re Estate of EichhoffCalifornia Supreme Court · 1894
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