Hallock v. Hallock
New York Supreme Court
—The complaint in this action was filed for a divorce on the ground of adultery. The defendant moved for an allowance for alimony, and to enable her to defend the suit. £$he swore, in her affidavit, that she was not guilty of the charge, and that she had been told by the plaintiff she could not remain at his house.
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—The complaint in this action was filed for a divorce on the ground of adultery. The defendant moved for an allowance for alimony, and to enable her to defend the suit. £$he swore, in her affidavit, that she was not guilty of the charge, and that she had been told by the plaintiff she could not remain at his house. The plaintiff showed, by affidavits, circumstances tending strongly to prove the guilt of the defendant—and also that, on her leaving his house, he gave her $25 in cash, and a bed valued at $25, and offered to pay her board at her mother’s till the determination of the action, and…
1Opinion of the Court
Parker, Justice.
-—-Where the wife is defendant in a suit for divorce, if she demes, on oath, the charge of adultery, she is entitled to an allowance for her support pending the litigation, and to a further sum to enable her to defend the action. (2 Barb. Ch. Pr. 265; Wood v. Wood, 2 Paige, 109; 2 R. S. 207, 3d ed.) And, where she thus denies her alleged guilt on oath, she is entitled to such allowance,' although affidavits are read, on the part of the husband, showing the guilt of the wife. (Osgood v. Osgood, 2 Paige, 621; Williams v. Williams, 3 Barb. Ch. Rep. 628.) The question of guilt can…
2Cases cited3 opinions
- Osgood v. OsgoodNew York Court of Chancery · 1831
- Purcell v. PurcellNew York Court of Chancery · 1838
- Williams v. WilliamsNew York Court of Chancery · 1847
3Cited by5 opinions
- Wallman v. WallmanNevada Supreme Court · 1924
- Frickel v. FrickelThe Superior Court of the City of New York and Buffalo · 1893
- Cohen v. CohenNew York Court of Common Pleas · 1895
- Rublinsky v. RublinskyThe Superior Court of the City of New York and Buffalo · 1893
- Leslie v. LeslieNew York Court of Common Pleas · 1869