Freeman v. Freeman
New York Supreme Court
Habeas corpus. Stewart W. Freeman brought an action in the New York superior court, against his wife Hannah, for a divorce ; and she made default. The default was opened on her application, and leave to defend granted on condition that she stipulate not to ask for alimony and counsel íes pendente lite. She answered, and the action wás tried before a referee, who found in her favor. Her counsel then moved before judgment for an order granting alimony.
Read the full summary
Habeas corpus. Stewart W. Freeman brought an action in the New York superior court, against his wife Hannah, for a divorce ; and she made default. The default was opened on her application, and leave to defend granted on condition that she stipulate not to ask for alimony and counsel íes pendente lite. She answered, and the action wás tried before a referee, who found in her favor. Her counsel then moved before judgment for an order granting alimony. It was granted, to be computed from the date of opening the default, and a further sum was allowed for expenses of the action. Judgment…
1Opinion of the CourtLawrence, J.
The superior court had jurisdiction of the person of the petitioner, and of the subject-matter. The order making an allowance to the wife for • alimony and counsel fee, upon the dismissal of the complaint, was also in accordance with the established practice of the late court of chancery (Germond v. Germond, 1 Paige Ch. 83). .And the superior court also had power to punish the petitioner for his contempt in refusing to obey its order.
The application to discharge the petitioner must, therefore, be denied, and he must be remanded.
2Cases cited1 opinion
- Germond v. GermondNew York Court of Chancery · 1828