Legal Opinion

Taylor v. Taylor

Supreme Court of New Jersey

Decided June 15, 1908PublishedCited by 17 opinions

On appeal from a decree of the court of chancery advised by Vice-Chancellor Learning, who delivered the following opinion: This is a bill filed by the complainant, under the statute, for a decree for the payment of alimony. The husband denies the material allegations of the bill and files a cross-bill, in which he seeks a divorce from his wife on the ground of desertion.

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On appeal from a decree of the court of chancery advised by Vice-Chancellor Learning, who delivered the following opinion: This is a bill filed by the complainant, under the statute, for a decree for the payment of alimony. The husband denies the material allegations of the bill and files a cross-bill, in which he seeks a divorce from his wife on the ground of desertion. The law is well settled, in fact it is statutory, that to entitle a wife to alimony two elements must concur — first, the husband must, in the language of the statute, without any justifiable cause abandon his wife, or…

1Opinion of the Court

Pee Curiam.

Complainant filed a bill against her husband under the statute for a decree requiring him to pay alimony. He filed a cross-bill praying for divorce on the ground of desertion. By the final decree both bills were dismissed. Prom so much of the decree as dismisses the complainant’s bill she appeals. Defendant has not appealed.

We concur in the views expressed by Vice-Chancellor Learning so far as they relate to the dismissal of complainant’s bill, and the decree in that respect will therefore be affirmed.

For affirmance — The Chancellor, Chief-Justice, Garrison, Swayze, Trenchard,…

2Cited by17 opinions

  1. O'Brien v. O'BrienNew Jersey Court of Chancery · 1928
  2. Pierson v. PiersonNew Jersey Court of Chancery · 1937
  3. McKee v. McKeeNew Jersey Court of Chancery · 1930
  4. Stutz v. StutzSupreme Court of New Jersey · 1947
  5. Zanzonico v. ZanzonicoNew Jersey Court of Chancery · 1936

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