Palmer v. Palmer
Superior Court of Buffalo
■This action was brought to procure judgment of separation from bed and board, and the separate maintenance of plaintiff, on the grounds of cruel and inhuman treatment and desertion by defendant. The defendant’s answer denied all the allegations of cruel and inhuman treatment, alleged justification in denying plaintiff admission to his house.
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■This action was brought to procure judgment of separation from bed and board, and the separate maintenance of plaintiff, on the grounds of cruel and inhuman treatment and desertion by defendant. The defendant’s answer denied all the allegations of cruel and inhuman treatment, alleged justification in denying plaintiff admission to his house. It also, in accordance with the statute, alleged the ill conduct of plaintiff as a defence, and demanded separation, but without alimony or allowance to plaintiff, and that the custody of the two children of the marriage should be awarded to him. The…
1Opinion of the Court
By the court, Hasten, J.
From the pleadings it appears that the parties were married in. June, 1850, and that they lived together in this city until August, 1863. The complainant in her complaint, protesting her own matrimonial suavity and fidelity, charges upon the defendant such conduct as would entitle her to the judgment prayed for. The defendant in his answer denies the charges made against him in the complaint, and protesting his own matrimonial kindness and fidelity, charges the plaintiff with conduct that would entitle him to a judgment of separation, for which he prays. He admits that…
2Cited by2 opinions
- Davis v. . DavisNew York Court of Appeals · 1878
- Broad v. BroadCalifornia Court of Appeal · 1917