Vence v. Vence
New York Supreme Court
This is an action for a limited divorce a mensa et thoro, for cruel and inhuman treatment. The plaintiff was married to the defendant at the residence of her father, Bichard Morris, at Butternuts in the county of Otsego, on the 19th of September, 1856. On the 24th of the same month, the parties sailed for England, and remained in England and on the continent of Europe, until in May, 1857, when the parties returned to this country, and went immediately to Butternuts in Otsego…
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This is an action for a limited divorce a mensa et thoro, for cruel and inhuman treatment. The plaintiff was married to the defendant at the residence of her father, Bichard Morris, at Butternuts in the county of Otsego, on the 19th of September, 1856. On the 24th of the same month, the parties sailed for England, and remained in England and on the continent of Europe, until in May, 1857, when the parties returned to this country, and went immediately to Butternuts in Otsego county, and resided there until in October last, when they went to the city of New-York, and went to housekeeping. The…
1Opinion of the Court
Mason, Justice.
The 125th section of the Code requires actions to be tried in the county in which one of the parties shall reside at the time of the commencement of the action. If the common law maxim that the domicil of the wife follows *499that of the husband, prevails in these adversary proceedings for a decree of separation, then the place of trial in this action must be changed to the city and county of Hew-York.
I am satisfied, however, after a careful examination of the matter, and the best reflection which I have been capable of bestowing upon the subject, that the common law maxim that the…
2Cases cited3 opinions
- Barber v. RootMassachusetts Supreme Judicial Court · 1813
- Richardson v. RichardsonMassachusetts Supreme Judicial Court · 1806
- Jenney v. JenneyMassachusetts Supreme Judicial Court · 1817
3Cited by3 opinions
- Blumenthal v. TannenholzNew Jersey Court of Chancery · 1879
- Fleck v. FleckNew York Supreme Court · 1965
- Lyon v. LyonNew York Supreme Court · 1883