Cook v. Cook
New York Court of Chancery
This, was- an. appeal by the- defendant from an order of the-vice chancellor of the-seventh circuit, giving to the mother the; custody of one of the infant childrens of the parties. The complainant-filed her bill for a.divorce, on the gr.oundofi the adultery of the-defendant.
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This, was- an. appeal by the- defendant from an order of the-vice chancellor of the-seventh circuit, giving to the mother the; custody of one of the infant childrens of the parties. The complainant-filed her bill for a.divorce, on the gr.oundofi the adultery of the-defendant. The bill was taken as confessed-for- want of an.answer; and- the complainant having established, the fact of adultery, before the master upon a reference, a decree for a divorce was. entered, therein, in- the usual form, prohibí iting the defendant, from-marrying again during the lifetime of the complainanti There…
1Opinion of the Court
The Chancellor.
The objection that, the complainant had not revived the suit, in the name of her husband and herself, subsequent to her re-marriage, was an objection of form merely. It could not therefore be insisted on here, under the conditions upon which the appellant has been permitted to have the decree of affirmance opened; even if it was valid as an objection before the vice chancellor. I also think the objection was untenable in reference to the particular application which was made to the vice chancellor. The suit itself was in fact terminated by the final decree; as no costs were…
2Cited by8 opinions
- Campbell v. CampbellWisconsin Supreme Court · 1875
- Krauthoff v. KrauthoffMissouri Court of Appeals · 1915
- Jones v. DarnallIndiana Supreme Court · 1885
- Cole v. ColeSupreme Court of Iowa · 1867
- Osterhoudt v. OsterhoudtNew York Supreme Court · 1899
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