Miller v. Miller
New York Supreme Court
This was an action for a divorce brought by the plaintiff against the defendant his wife, upon the ground of adultery. The defendant upon a petition and upon the pleading in this case, moved for the allowance as counsel fees, to enable her to defend the action.
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This was an action for a divorce brought by the plaintiff against the defendant his wife, upon the ground of adultery. The defendant upon a petition and upon the pleading in this case, moved for the allowance as counsel fees, to enable her to defend the action. The complaint charges the defendant with numerous acts of adultery committed with various persons during the years 1870 and 1871. The answer interposes three defenses. 1. A general denial, except as to the fact of marriage. 2. Recriminatory charges of adultery against the plaintiff. 3. That in a suit brought by the defendant against…
1Opinion of the CourtHardin, J.
—It appears from the papers used on the *127hearing of this motion, that in March, 1865, the parties to this action voluntarily, with the assent of their counsel, entered into an agreement for a separation from bed and board, and for a settlement of all suits between them; and that the husband, in pursuance of that agreement, transferred and delivered to the wife, some two thousand dollars in property, which she agreed to receive and accept in lieu of dower and of all right in his property and “ in full for all future charges or liability for her support.” And it further appeared, that the decree…
2Cases cited12 opinions
- Castle v. BullardSupreme Court of the United States · 1860
- Wood v. WoodNew York Court of Chancery · 1830
- Burr v. BurrNew York Court of Chancery · 1842
- Johnson v. JohnsonCourt for the Trial of Impeachments and Correction of Errors · 1835
- Whispell v. WhispellNew York Supreme Court · 1848
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