Miller v. Miller
New York Court of Chancery
BILL filed by the wife, against her husband, for a. diVorce, for adultery. The answer confessed the adultery. A reference was directed to a master to take and report the proof of the adultery charged, with his opinion thereon, and also to ascertain and report the amount of property, if any, the defendant acquired from his wife, and the present value of all his property, and the annual income thereof.
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BILL filed by the wife, against her husband, for a. diVorce, for adultery. The answer confessed the adultery. A reference was directed to a master to take and report the proof of the adultery charged, with his opinion thereon, and also to ascertain and report the amount of property, if any, the defendant acquired from his wife, and the present value of all his property, and the annual income thereof. The master reported the proof of adultery, which was satisfactory, and also the proof touching the defendant’s property j and the report stated, that the defendant had received property from the…
1Opinion of the Court
The Chancellor.
There must be the usual decree for a divorce a vinculo matrimonii, as the adultery is clearly established. The only difficulty is, to ascertain what sum, under all the circumstances of the case, would be a suitable allowance to the plaintiff for her support.
The statute says, that if the wife be the plaintiff, the Court may “ make a further order, in addition to the decree dissolving the marriage, compelling the defendant to provide a suitable allowance to the plaintiff for her support, and such as, having regard to the circumstances of the parties, shall seem, reasonable and…
2Cited by6 opinions
- Campbell v. CampbellWisconsin Supreme Court · 1875
- Moore v. MooreAppellate Division of the Supreme Court of the State of New York · 1911
- Perkins v. PerkinsMichigan Supreme Court · 1862
- Richmond v. RichmondNew Jersey Court of Chancery · 1838
- Sleeper v. SleeperNew York Supreme Court · 1892
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