Hopper v. Hopper
New York Court of Chancery
This was an appeal from á decision of the vice chancellor of the first circuit, disallowing six of the defendant’s exceptions to a master’s report upon exceptions to the answer. The bill Was filed by the complainant against her husband for a decree of separation from bed and board.
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This was an appeal from á decision of the vice chancellor of the first circuit, disallowing six of the defendant’s exceptions to a master’s report upon exceptions to the answer. The bill Was filed by the complainant against her husband for a decree of separation from bed and board. The answer of the defendant denied that he had been guilty of the cruel treatment alleged in the bill, or of using any violence towards the complainant, unless it was during the time he was deprived of his reason, for about a week, by an inflammation of the brain. The defendant, in his answer, also charged various…
1Opinion of the Court
The Chancellor.
If the respondent’s denial that he had been guilty of any of the acts of improper and cruel treatment of his wife charged in the bill was, for all purposes, to be conclusive evidence that all the allegations in the bill on that subject were false and unfounded, the charges of misconduct on the part of the complainant would unquestionably be impertinent as well as useless. But a defendant in this court, in an answer, is at liberty to set up as many defences as he pleases. The different parts of his answer, therefore, are not to be construed in the same manner as the different…
2Cited by9 opinions
- Deisler v. DeislerAppellate Division of the Supreme Court of the State of New York · 1901
- Ledbetter v. LedbetterSupreme Court of Missouri · 1885
- Barber v. BarberAppellate Division of the Supreme Court of the State of New York · 1915
- Hollenbeck v. ClowNew York Supreme Court · 1854
- Wilkinson v. DobbieU.S. Circuit Court for the District of Northern New York · 1874
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