Legal Opinion

Ruckman v. Ruckman

New York Supreme Court

Decided January 15, 1880PublishedCited by 5 opinions

Action for separation from bed and board, for alleged cruelty and abandonment.

1Opinion of the CourtBarrett, J.

The law applicable to this class of cases is reasonably well settled. To entitle a wife to a divorce a mensa et thoro under the first and second subdivisions of the statute (2 R. S., 147, sec. 51), there must either be actual violence or a reasonable apprehension of bodily injury. Wounded susceptibilities do not suffice for so grave and momentous a judgment as we are called upon to pronounce. Occasional outbursts of passion will not do; nor mere abuse, however gross. Words of menace, however, are sufficient if they be of such a character and accompanied by such circumstances as to justify a…

2Cases cited4 opinions

  1. Kennedy v. . KennedyNew York Court of Appeals · 1878
  2. Perky v. PerryNew York Court of Chancery · 1831
  3. Whispell v. WhispellNew York Supreme Court · 1848
  4. Atwater v. AtwaterNew York Supreme Court · 1868

3Cited by5 opinions

  1. Wilkinson v. WilkinsonSupreme Court of Georgia · 1924
  2. In re the Estates of HessNew York Surrogate's Court · 1932
  3. Gilbert v. GilbertNew York Court of Common Pleas · 1893
  4. Gibert v. GibertNew York Court of Common Pleas · 1893
  5. Murray v. MurrayNew York Supreme Court · 1891

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