Forrest v. Forrest
New York Supreme Court
The complaint in this suit was filed by the wife to obtain a separation from her husband, on the ground of abandonment. It appeared that the defendant had separated from his wife, allowing her $1500 a year for her support. That after the separation, he had instituted proceedings in Pennsylvania to obtain a divorce from her, on the ground of adultery.
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The complaint in this suit was filed by the wife to obtain a separation from her husband, on the ground of abandonment. It appeared that the defendant had separated from his wife, allowing her $1500 a year for her support. That after the separation, he had instituted proceedings in Pennsylvania to obtain a divorce from her, on the ground of adultery. By the laws of that state, it was necessary that the husband should have been a resident there for one year; and the complaint alledged that he was not at the commencement of the suit in Pennsylvania, and for a year preceding had not been, a…
1Opinion of the Court
By the Court, Edmonds, P. J.
The counsel on both sides agreed that the writ of ne exeat is abolished by the code. I certainly did not so understand the law at the time that I allowed the writ in this case, or I should have hesitated in directing it to issue; for the distinction on which the counsel for the plain*48tiff now rests his claim to the -writ, did not then occur to my mind, nor was it then suggested to me.
Until the decision in this case at the special term, it had not occurred to me that the writ had been abolished; but, on the contrary, I have several times allowed it since the code was…
2Cases cited3 opinions
- Waller v. HarrisNew York Supreme Court · 1838
- Mitchell v. BunchNew York Court of Chancery · 1831
- Gleason v. BisbyNew York Court of Chancery · 1841
3Cited by14 opinions
- McGarrahan v. MaxwellCalifornia Supreme Court · 1865
- Delafield v. ParishNew York Surrogate's Court · 1857
- Johnston v. JohnstonThe Superior Court of New York City · 1863
- Beckwith v. SmithNew York Supreme Court · 1870
- Boucicault v. BoucicaultNew York Supreme Court · 1880
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