Earle v. Earle
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Westchester county. Action for separation by Charles Earle against Helen Hicks Earle. From an order denying plaintiff’s motion for a bill of particulars of the defense and counterclaim set up in the answer, he appeals. Affirmed.
1Opinion of the CourtWillard Bartlett, J.
This is a matrimonial action for a separation on the ground of abandonment. The wife answered, de*614“iiying the alleged abandonment, but asking that a separation be decreed in her favor on the ground of cruel and inhuman treatment by her husband. The answer, which is to this extent to be treated as a «complaint, sets out many particulars of the cruel and inhuman treatment upon which the wife relies to establish her cause of action, and, we think, sufficiently complies with the requirements of section 1764 of the Code of Civil Procedure, which prescribes that the complaint in an action for…
2Cases cited2 opinions
- Ketcham v. KetchamAppellate Division of the Supreme Court of the State of New York · 1898
- Carrié v. DavisAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by10 opinions
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1904
- Long v. BaxterNew York Supreme Court · 1912
- Shanik v. ShanikNew York Supreme Court · 1955
- Blessing v. BlessingNew York Supreme Court · 1960
- Jacobs v. JacobsAppellate Division of the Supreme Court of the State of New York · 1964
5 more not listed; retrieve them via the Exa API.