Burr v. Burr
New York Court of Chancery
This was an appeal from a decree of the vice chancellor of the fourth circuit. The bill was filed by the wife against her husband for a separation from bed and board, on the ground of cruel treatment, and of such conduct on the part of the defendant towards the complainant as rendered it unsafe and improper for her to cohabit with him. It appeared that the parties were married in the spring of 1799, and resided in this state, most of the time at Lansingburgh.
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This was an appeal from a decree of the vice chancellor of the fourth circuit. The bill was filed by the wife against her husband for a separation from bed and board, on the ground of cruel treatment, and of such conduct on the part of the defendant towards the complainant as rendered it unsafe and improper for her to cohabit with him. It appeared that the parties were married in the spring of 1799, and resided in this state, most of the time at Lansingburgh. They had three children all of whom were dead at the time of the commencement of this suit, in January, 1841. Immediately after the…
1Opinion of the Court
The Chancellor.
The first question for consideration in this case is whether the complainant has established such a case as to entitle her to a decree of separation. And certainly there cannot be any doubt on that part of *32the case, if her cohabitation with her husband after most of the acts of cruelty on his part took place is not an absolute bar to a suit founded upon them. The conduct of the husband was repeatedly such as to raise a well founded apprehension on the part of his wife of such violence as would endanger her health if not her life j and this not merely when he was under the…
2Cases cited1 opinion
- Johnson v. JohnsonCourt for the Trial of Impeachments and Correction of Errors · 1835
3Cited by44 opinions
- Romaine v. . ChaunceyNew York Court of Appeals · 1892
- Wilson v. . HinmanNew York Court of Appeals · 1905
- Forrest v. . ForrestNew York Court of Appeals · 1862
- McCarthy v. . McCarthyNew York Court of Appeals · 1894
- Burrows v. PurpleMassachusetts Supreme Judicial Court · 1871
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