Legal Opinion

Hammond v. Hammond

New York Court of Chancery

Decided December 15, 1839PublishedCited by 3 opinions

The bill is filed in this case, for a divorce a mensa et thoro, either perpetual or limited, on the ground of cruel treatment and abandonment by the husband. Several strong instances of cruel treatment are stated in the bill.

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The bill is filed in this case, for a divorce a mensa et thoro, either perpetual or limited, on the ground of cruel treatment and abandonment by the husband. Several strong instances of cruel treatment are stated in the bill. Upon the filing thereof, an injunction an(^ n(¡ exeaf was issued against the defendant. • The defendant substantially denies the cruel treatment charged in the bill, except upon justifiable grounds; and alleges that the complainant has committed adultery with a person named in the answer, and in other instances; and that the defendant had provided a place of residence…

1Opinion of the Court

The Vice Chancellor.

This must certainly be an unhappy pair. There are strong cases of grievance presented in both the bill and answer, sufficient to satisfy me that there must be glaring faults and culpable bad conduct on one side, perhaps on both. The ground upon which the defendant asks for a dissolution of the injunction and ne exeat, viz. that he has no intention of disposing of his property or permanently removing from the State, are hardly tenable. If he has not, these writs will not annoy him. If he has, the complainant, if she proves to be the injured party, will be remediless. It can…

2Cited by3 opinions

  1. Daiger v. DaigerHigh Court of Chancery of Maryland · 1850
  2. Hover v. Hover, Circuit Court of the 14th Judicial Circuit of Florida, Bay County1870
  3. Leslie v. LeslieNew York Court of Common Pleas · 1869

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