Holmes v. Holmes
New York Supreme Court
In Equity. The bill in this cause was filed by the wife against her husband, to restrain him from receiving, and appropriating to his own use, a legacy bequeathed to her after she had obtained a decree against him for a separation a mensa et thoro. The cause was heard upon pleadings and proofs taken in open court. The facts are detailed in the opinion of the court.
1Opinion of the CourtBarculo, J.
The parties in this cause were separated a mensa et thoro by a decree rendered before me as vice chancellor, on the 26th day of January, 1847, for the cruel and inhuman treatment of which the defendant had been guilty towards the plaintiff. That decree was affirmed on appeal at the general term held in Dutchess county, on the 6th day of June, 1848. It is therefore judicially established that the defendant has been guilty of such misconduct as renders it unsafe and improper for his wife to cohabit with him, or be under his dominion and control. Since that decree was pronounced, a share of the…
2Cases cited3 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Burr v. BurrNew York Court of Chancery · 1842
- Van Duzer v. Van DuzerNew York Court of Chancery · 1837
3Cited by10 opinions
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Lyon v. LyonSupreme Court of Georgia · 1897
- In re Irving Trust Co.Appellate Division of the Supreme Court of the State of New York · 1940
- Lytle v. LytleIndiana Supreme Court · 1874
- Stone & Matthews v. GazzamSupreme Court of Alabama · 1871
5 more not listed; retrieve them via the Exa API.