Ward v. Ward
New York Supreme Court
Demurrer to amended complaint. The action was "brought "by John A. Ward against Amelia C. Ward. The plaintiff in the first four paragraphs of the amended complaint, averred that the parties were married, had one child, and that the defendant had without his consent abandoned him. The fifth paragraph “for a further cause of action,” averred the adultery of the defendant.
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Demurrer to amended complaint. The action was "brought "by John A. Ward against Amelia C. Ward. The plaintiff in the first four paragraphs of the amended complaint, averred that the parties were married, had one child, and that the defendant had without his consent abandoned him. The fifth paragraph “for a further cause of action,” averred the adultery of the defendant. A general prayer for judgment granting a divorce a vinculo, and the custody of the child, closed the complaint. The defendant demurred on the grounds—1. That several alleged causes of action were improperly united. 2. That the…
1Opinion of the CourtIngraham, J.
—There is but one cause of action stated in this complaint, viz: the adultery. The allegation that the defendant has abandoned and deserted her husband is no ground of divorce, and is improperly inserted in the complaint, but it is not stated as a cause of action, nor is any relief asked for on account of that fact.
The statement in the 5th paragraph, “ that for a further cause of action he states, &c.,” does not show that there are two causes in the complaint (Hillman v. Hillman, 14 How., 456).
The proper rule is laid down in Meyer v. Lent, 7 Abb. Pr., 225, viz: that in such cases the remedy…
2Cases cited1 opinion
- Meyer v. LentNew York Court of Appeals · 1855