Doe v. Roe
New York Supreme Court
Appeal from a judgment granting to the plaintiff a limited divorce on account of the cruel and inhuman treatment of. the defendant, her husband, and an allowance of $150 .per annum for her maintenance and support, with the costs of tho action. This is an action ■ for separation, on the ground of cruel treatment.
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Appeal from a judgment granting to the plaintiff a limited divorce on account of the cruel and inhuman treatment of. the defendant, her husband, and an allowance of $150 .per annum for her maintenance and support, with the costs of tho action. This is an action ■ for separation, on the ground of cruel treatment. It was proved in defense, and it is found by the referee, that previous to the cruel treatment, the plaintiff had committed adultery, and that knowledge of that fact or reason to believe it had come to the defendant; that all the cruel treatment was occasioned by this adultery, and…
1Opinion of the Court
Learned, P. J.:, We must bear in mind, at the outset, that the question is not whether a husband may maltreat an adulterous wife, without her having any remedy. The criminal law, with its preventive power of binding over to keep the peace, may be called to her aid against such maltreatment, whatever her own character may be.
The question here is whether an adulterous wife, the knowledge of whose adultery has caused her husband to maltreat her, has a right to a limited divorce.
The question must, in this State, depend principally on the meaning of the statute. It is provided that, in- an action…
2Cases cited9 opinions
- Conant v. ConantCalifornia Supreme Court · 1858
- Johns v. JohnsSupreme Court of Georgia · 1860
- Shackett v. ShackettSupreme Court of Vermont · 1876
- M'Intosh v. M'IntoshNew York Supreme Court · 1856
- Smith v. SmithNew York Court of Chancery · 1833
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