Hawkins v. . Hawkins
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 31, 1907, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. ’ Adultery by the wife forfeits her rights arising from the marriage relation and frees the husband from his duties to her.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 31, 1907, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. ’ Adultery by the wife forfeits her rights arising from the marriage relation and frees the husband from his duties to her. (Doe v. Roe, 23 Hun, 19; Hunter v. Boucher, 3 Pick. 289; Cooper v. Lloyd, 6 C. B. [N. S.] 519; Atkyns v. Pearce, 2 C. B. [N. S.] 763; Forster v. Forster,…
1Opinion of the CourtHiscock, J.
This action is one brought by the respondent to procure a judgment of separation from her husband, the appellant, and to compel suitable provision for her support and maintenance. Its determination will be governed by the application to rather unusual facts of sections 1762 and 1765 of the Code of Civil Procedure.
Section 1762 provides that a wife may have judgment of separation and for support for either of the following causes : u * * *
“ 3. The abandonment of the plaintiff by the defendant.
“ 4. * * * the neglect or refusal of the defendant to provide for her.”
The respondent alleged and has…
2Cases cited3 opinions
- Decker v. DeckerIllinois Supreme Court · 1901
- Deisler v. DeislerAppellate Division of the Supreme Court of the State of New York · 1901
- People ex rel. Keller v. ShradyAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by34 opinions
- Mirizio v. MirizioNew York Court of Appeals · 1926
- Cunningham v. . CunninghamNew York Court of Appeals · 1912
- Silberstein v. . SilbersteinNew York Court of Appeals · 1916
- Bohmert v. BohmertNew York Court of Appeals · 1926
- In re the Estate of GreenNew York Surrogate's Court · 1935
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