Bartlett v. Bartlett
New York Court of Chancery
The bill in this cause was filed to obtain a decree of nullity of marriage, in consequence of. the impotency and physical incapacity of the defendant, which is alleged in the bill to be incurable. The present petition is on behalf of the female complainant for alimony and expenses.
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The bill in this cause was filed to obtain a decree of nullity of marriage, in consequence of. the impotency and physical incapacity of the defendant, which is alleged in the bill to be incurable. The present petition is on behalf of the female complainant for alimony and expenses. The affidavits of the defendant denies the impotency and. physical incapacity, and shows that the complainant went from the house of her husband to that of her father; and that her father agreed with the husband if he would make no claim for the value of his wife’s services, he (the father) would make no claim upon…
1Opinion of the Court
The Vice Chancellor.
As to the claim for the monthly or stated allowance for the support of the wife during the continuance of this suit, the affidavits are conclusive. The complainant left her husband, and went to reside with her father. That father has agreed to support her, and does support her; and informed the husband that he should make no charge for her support, if he (the husband) made no claim for his wife’s services. The woman has therefore a home and a support, and there is no necessity for calling upon the husband to contribute to this object. This matter has been arranged between…
2Cases cited3 opinions
- Wood v. WoodNew York Court of Chancery · 1830
- Osgood v. OsgoodNew York Court of Chancery · 1831
- Lawrence v. LawrenceNew York Court of Chancery · 1831
3Cited by3 opinions
- Griffin v. GriffinNew York Supreme Court · 1862
- Gore v. GoreNew York Supreme Court · 1904
- Park v. ParkNew York Supreme Court · 1898