Streitwolf v. Streitwolf
Supreme Court of New Jersey
On appeal from a decree dated November 26th, 1898, advised by Vice-Chancellor Pitney, who delivered the following opinion : The suit is by the wife against the husband for divorce from bed and board on the ground of extreme cruelty.
Read the full summary
On appeal from a decree dated November 26th, 1898, advised by Vice-Chancellor Pitney, who delivered the following opinion : The suit is by the wife against the husband for divorce from bed and board on the ground of extreme cruelty. The bill was filed on the 17th of August, 1896, and some time after' that a petition was filed for alimony pendente lite, which was finally brought to a hearing and heard on the 2d day of November, 1896, with the result that the chancellor ordered the defendant to pay the complainant alimony at the rate of $12.50 per week. The parties have only one child, a son,…
1Opinion of the Court
The opinion of the court was delivered by
Adams, J.
It will be observed that the decree appealed from awards not permanent alimony, but, in the language of the decree itself, “ additional alimony pendente lite.” A husband .is bound to support his wife, though she is separated from him, unless she is in fault. When in apiparen t good faith she sues him for a divorce or for separation, and sets forth a prima facie case, there is no presumption that she is in fault. She is therefore entitled to alimony pendente lite. Otherwise she will be at her husband’s mercy. But, on the other hand, while the…
2Cited by18 opinions
- Esteb v. EstebWashington Supreme Court · 1926
- State v. WallerSupreme Court of Kansas · 1913
- Jackman v. ShortOregon Supreme Court · 1940
- Lynn v. LynnNew Jersey Superior Court Appellate Division · 1979
- Cohen v. CohenNew Jersey Court of Chancery · 1936
13 more not listed; retrieve them via the Exa API.