Legal Opinion
Higley v. Higley
Appellate Division of the Supreme Court of the State of New York
Decided May 10, 1939Published
1Opinion of the CourtMcNamee, J.
The plaintiff seeks a judgment of separation a mensa et thoro. The plaintiff makes claim that the defendant *62has been guilty of cruel and inhuman treatment of the plaintiff. (Civ. Prac. Act, § 1161, subd. 1.) And in pleading that claim the plaintiff alleged, among other things, in substance: “On or about the 8th day of July, 1938, without any cause or provocation therefor, the defendant caused the plaintiff to be indicted [by a grand jury] in the State of Maryland for the crime of desertion and non-support, and thereafter and on the 12th day of July, 1938, caused the plaintiff to be arrested…
2Cases cited5 opinions
- Hopkinson v. Lehigh Valley R.R. Co.New York Court of Appeals · 1928
- Graham v. Buffalo General Laundries Corp.New York Court of Appeals · 1933
- Agar v. KelseyAppellate Division of the Supreme Court of the State of New York · 1937
- Hodge v. SkinnerAppellate Division of the Supreme Court of the State of New York · 1938
- Bergman v. BergmanNew York Supreme Court · 1930