Waring v. . Waring
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oohrt in the second judicial department, entered upon an order made December 11, 1883, which affirmed a judgment in favor of plaintiff, entered on the report of a referee. The nature of the action and the material facts are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Oohrt in the second judicial department, entered upon an order made December 11, 1883, which affirmed a judgment in favor of plaintiff, entered on the report of a referee. The nature of the action and the material facts are stated in the opinion. The defendant was entitled to a suitable allowance for her expenses and counsel fees in this action, and also to a suitable provision for alimony and support for herself and her children, pendente lite and after judgment. (Code, § 1769 ; De Llamosas v. De Llamosas, 2 Hun, 380; Strong v. Strong,…
1Opinion of the CourtEarl, J.
This was an action by a husband against his wife for a separation on the ground of abandonment and cruel and inhuman treatment. Upon the trial the evidence was somewhat conflicting, and the findings in favor of the husband by the referee, confirmed by the court, both at the Special Term and the General Term, conclude us. The proof showed a clear case of abandonment by the wife without sufficient justification, and even at the trial she testified that she had refused to live with her husband, and “ intended to carry it out.” The case against the wife for a separation was so clear that upon the…
2Cases cited1 opinion
- Davis v. . DavisNew York Court of Appeals · 1878
3Cited by14 opinions
- Ullman v. UllmanAppellate Division of the Supreme Court of the State of New York · 1912
- In Re AdamsCourt of Appeals for the Second Circuit · 1928
- Glynn v. GlynnNorth Dakota Supreme Court · 1898
- Umlauf v. UmlaufIllinois Supreme Court · 1889
- Andrews v. WhitneyHawaii Supreme Court · 1912
9 more not listed; retrieve them via the Exa API.