Legal Opinion

Williams v. . Williams

New York Court of Appeals

Decided December 1, 1891PublishedCited by 66 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of May, 1889, which modified, and .affirmed as modified, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of May, 1889, which modified, and .affirmed as modified, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought ‘to obtain a judgment separating the parties from bed and board forever, and was based upon an allegation that the defendant had abandoned the plaintiff in August, 1882, and refused to permit her to return to him. The defendant denied the allegation of abandonment, and alleged that…

1Opinion of the CourtBrown, J.

The chief ground upon which the appellant asks a reversal of the judgment in this action is that the court erred in refusing to find as a conclusion of law that the plain tiff bad abandoned him two years prior to his leaving this state and taking up his residence in Minnesota.

The evidence is substantially undisputed that the defendant refused to permit the plaintiff to live with him, unless she absolutely gave up all intercourse with her mother.

The parties were married in June, 1879, and lived together in a house in 59th street in New York, until the latter part of April, 1880, when the lease…

2Cases cited3 opinions

  1. Maynard v. HillSupreme Court of the United States · 1888
  2. The People v. . BakerNew York Court of Appeals · 1879
  3. O'Dea v. . O'DeaNew York Court of Appeals · 1885

3Cited by66 opinions

  1. Starbuck v. . StarbuckNew York Court of Appeals · 1903
  2. Mirizio v. MirizioNew York Court of Appeals · 1926
  3. People Ex Rel. Commissioners of Public Charities & Correction v. CullenNew York Court of Appeals · 1897
  4. Silberstein v. . SilbersteinNew York Court of Appeals · 1916
  5. Polley v. PolleyCourt of Appeals of Maryland · 1916

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