Legal Opinion

Valleau v. Valleau

New York Court of Chancery

Decided November 15, 1836PublishedCited by 21 opinions

The complainant filed his bill in this cause for a divorce on the ground of adultery. The case was heard upon the bill taken as confessed against the defendant, and upon the master’s report.

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The complainant filed his bill in this cause for a divorce on the ground of adultery. The case was heard upon the bill taken as confessed against the defendant, and upon the master’s report. From the testimony taken before the master it appeared that the parties were married in the city of New-York, in October, 1821, where the defendant had ever since resided; that a few months after the marriage the complainant abandoned his wife and left the state, and shortly afterwards went to sea and was gone until some time in 1827, when he returned and went to Buffalo, where he resided at the time of…

1Opinion of the Court

The Chancellor.

I do not think the complainant’s evidence makes out a case which entitles him to a divorce on the ground of adultery, under the provisions of the revised statutes. The testimony shows that but a few months after his marriage, and apparently without any reasonable cause or excuse whatever, the complainant abandoned his wife, and has voluntarily absented himself from her for more than fourteen years; a considerable portion of which time he was out of the state and out of the country. And there is no allegation or proof whatever to show that at the time of her second marriage, or…

2Cited by21 opinions

  1. Dutcher v. DutcherWisconsin Supreme Court · 1876
  2. Ackerman v. . AckermanNew York Court of Appeals · 1910
  3. Price v. . PriceNew York Court of Appeals · 1891
  4. Reed v. ReedMichigan Supreme Court · 1883
  5. Gordon v. GordonIllinois Supreme Court · 1892

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