Hofmann v. . Hofmann
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 4, 1921, which reversed an order of Special Term granting a motion by plaintiff for judgment on the pleadings and denied said motion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 4, 1921, which reversed an order of Special Term granting a motion by plaintiff for judgment on the pleadings and denied said motion. The following question was certified: “ Does the complaint herein state facts sufficient to constitute a cause of action for a separation of the parties from bed and board? ” Cruelty causing mental suffering is sufficient as a basis for separation. (Beebe v. Beebe, 174 App. Div. 408; Tower v. Tower, 134 App. Div. 670; Lutz v. Lutz,…
1Opinion of the CourtPound, J.
This is an action brought by wife against husband to procure a judgment separating the parties from bed and board forever for the cruel and inhuman treatment of the plaintiff by the defendant and for such conduct on the part of the defendant toward the plaintiff as may render it unsafe and improper for the former to cohabit with the latter. (Code Civ. Pro. § 1762.) No other cause of action is alleged and no other relief is sought. The complaint specifies (Code Civ. Pro. § 1764) the nature and circumstances of defendant’s misconduct as follows: That without the knowledge or consent of the…
2Cases cited2 opinions
- Pearson v. . PearsonNew York Court of Appeals · 1920
- Johnson v. JohnsonNew York Court of Chancery · 1822
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- Pignatelli v. PignatelliNew York Supreme Court · 1938
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