Legal Opinion

Powers v. Powers

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 4 opinions

Appeal by the defendant, James J. Powers, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 13th day of December, 1900, upon the decision of the court, rendered after a trial at the Kings County Special Term, granting the plaintiff a legal separation from the defendant on account of cruel and inhuman treatment.

1Opinion of the Court

Willard Bartlett, J.:

The complaint charged the defendant with five specific acts of cruelty, all committed in or since the month of July, 1898. The answer denied all of these allegations except the charge that in or, about .the' month of May, 1899, the defendant threw the contents of a slop jar over the plaintiff. In regard to that occasion the answer averred that the defendant was then subject to great *589provocation growing out of the fact that the plaintiff had allowed her son to sleep for several nights in a bed too filthy for description, and had left the child in such a neglected condition…

2Cases cited1 opinion

  1. Deisler v. DeislerAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by4 opinions

  1. Murdock v. MurdockAppellate Division of the Supreme Court of the State of New York · 1911
  2. Barila v. BarilaAppellate Division of the Supreme Court of the State of New York · 1912
  3. Kelling v. KellingNew York Supreme Court · 1961
  4. Silverman v. SilvermanNew York Supreme Court · 1995

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