Anonymous
New York Supreme Court
Reference of a motion by the plaintiff for alimony and a counsel tee,pendente lite, in a wife’s action for-limited divorce on the grounds of abandonment and cruel and inhuman treatment. By an order of the court the matter was referred to' a referee to take proof of the facts, and to give an opinion as to what, if anything, should be allowed to the plaintiff for a counsel fee and alimony.
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Reference of a motion by the plaintiff for alimony and a counsel tee,pendente lite, in a wife’s action for-limited divorce on the grounds of abandonment and cruel and inhuman treatment. By an order of the court the matter was referred to' a referee to take proof of the facts, and to give an opinion as to what, if anything, should be allowed to the plaintiff for a counsel fee and alimony. Among the alleged acts of cruel treatment, it was charged that the defendant was accustomed to drink to excess, that he had threatened personal injury, and had knowingly and willfully communicated a venereal…
1Opinion of the Court
Thomas P. Wickes, Esq., Referee.
—[After stating that-the charge of abandonment and drunkenness had not been sustained, the referee held that, even if the charge of drunkenness were true, it would not by itself be sufficient to entitle a party to divorce upon the ground of cruel and inhuman treatment: Citing Mason v. Mason, 1 Edw. 278; Camp v. Camp, 18 Texas, 528 ; Waskam v. Waskam, 31 Miss. 154; Scott v. Scott, 29 L. J. (Matrimonial Cases) 64; Hudson v. Hudson, 3 Sw. & Tr. 314; Brown v. Brown, 1 L. R. Prob. & Div. 46; and distinguishing Mahone v. Mahone, 19 Cal. 626 ; and Wheeler v. Wheeler,…
2Cases cited9 opinions
- Kennedy v. . KennedyNew York Court of Appeals · 1878
- Wheeler v. WheelerSupreme Court of Iowa · 1880
- Camp v. CampTexas Supreme Court · 1857
- Henderson v. HendersonIllinois Supreme Court · 1878
- Mason v. MasonNew York Court of Chancery · 1831
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Abramowitz v. AbramowitzNew York Supreme Court · 1913