Simon v. Simon
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sigmont Simon, from so much of a judgment of the Superior Court of the city of New York in favor of the defendant, entered in the office of . the clerk of said court on the 31st day of December, 1895, upon a decision of the court reiti dered after a. trial at a Special Term thereof, as adjudges and decrees, that the complaint be dismissed upon the merits. The judgment also dismissed a Counterclaim in the answer of the defendant, without costs.
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Appeal by the plaintiff, Sigmont Simon, from so much of a judgment of the Superior Court of the city of New York in favor of the defendant, entered in the office of . the clerk of said court on the 31st day of December, 1895, upon a decision of the court reiti dered after a. trial at a Special Term thereof, as adjudges and decrees, that the complaint be dismissed upon the merits. The judgment also dismissed a Counterclaim in the answer of the defendant, without costs. The action was brought by the husband against the wife for a separation from bed and board, and the custody of the two minor…
1Opinion of the Court
Williams, J.:. The principles of law applicable to a case of this kind were properly stated by the learned trial judge in his opinion. The rule laid down was, in brief, that “the term abandonment, as used in the law. of divorce, contemplates; a voluntary separation, of one party from the other, without justification, and with the intention of iiot returning.” (Williams v. Williams, 130 N. Y. 197.)
The learned.trial judge" seems to have listened patiently to the very WohuninoUs', evidence given by the. parties,, and to have fairly considered the same. He saw the witnesses, and was able to…
2Cases cited1 opinion
- Williams v. . WilliamsNew York Court of Appeals · 1891
3Cited by7 opinions
- Beaida v. Workmen's Compensation Appeals BoardCalifornia Court of Appeal · 1968
- People ex rel. Mahoff v. MatsouiNew York Supreme Court · 1931
- Murray v. MurrayCourt of Appeals of Maryland · 1919
- Domb v. DombAppellate Division of the Supreme Court of the State of New York · 1921
- Harris v. HarrisNew York Supreme Court · 1965
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