Palmer v. Palmer
New York Court of Chancery
The complainant filed a bill against his wife, complaining of cruel and inhuman treatment, &c., and praying a divorce, a mensa et tlioro.
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The complainant filed a bill against his wife, complaining of cruel and inhuman treatment, &c., and praying a divorce, a mensa et tlioro. The defendant put in her answer, in which she fully denied every allegation of improper conduct in the complainant’s bill, and also set up on her part cruel and inhuman conduct on the part of her husband towards her, which rendered it unsafe and improper for her to cohabit with him, or to be under his dominion or control; and in consequence thereof she consented to a decree of separation from bed and board forever, in which a' suitable provision should be…
1Opinion of the Court
The Chancellor :—This court has not power, even with the consent of the parties, to decree an absolute or partial dissolution of the marriage contract, except in the *278special cases provided for by statute. By the act of 1813 concerning divorces, (2 R. L. 200,) this court may, on a bill filed by the wife, decree a divorce from bed and board, if it shall appear from the answer and confession of the defendant, or by the bill being taken pro confessa against him, or by proof taken in the cause in the usual manner, that the defendant has been guilty of such cruel and inhuman treatment of the wife,…
2Cases cited3 opinions
- Perky v. PerryNew York Court of Chancery · 1831
- Whispell v. WhispellNew York Supreme Court · 1848
- Perry v. PerryNew York Court of Chancery · 1846
3Cited by12 opinions
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- In Re AdamsCourt of Appeals for the Second Circuit · 1928
- Glynn v. GlynnNorth Dakota Supreme Court · 1898
- Underwood v. UnderwoodSupreme Court of Florida · 1868
- Campbell v. CramptonU.S. Circuit Court for the District of Northern New York · 1880
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