Rogers v. Rogers
New York Court of Chancery
This was an application, cn the part of the complainant, for an order against the defendant, her husband, for an allowance, for the purpose of enabling her to carry on this suit against him for a separation ; and also for an allowance for alimony pending the litigation.
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This was an application, cn the part of the complainant, for an order against the defendant, her husband, for an allowance, for the purpose of enabling her to carry on this suit against him for a separation ; and also for an allowance for alimony pending the litigation. The application was opposed by the defendant, on the ground that the suit had been settled between him and the complainant, with the consent of her next friend; and that the parties had agreed to live separate, he having given a bond to a trustee, named by herself, to secure to her the payment of an annual allowance of $400…
1Opinion of the Court
The Chancellor.
Whether the settlement which was made between the complainant and her husband was a judicious and reasonable one, and one which would have been beneficial to her if she had thought proper to adhere to its terms and to comply with its conditions, is a question which it is not necessary for me to decide upon the present applica- , tion. It is evident, however, from the affidavits produced on the part of the defendant, that no fraud or imposition was *517practiced upon the complainant on the settlement; and that she entered into the arrangement voluntarily and understandingly, after…
2Cited by30 opinions
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- Clark, Trustee, Etc. v. . FosdickNew York Court of Appeals · 1889
- Garland v. GarlandMississippi Supreme Court · 1874
- Wilson v. WilsonSupreme Court of Iowa · 1875
- Cropsey v. McKinneyNew York Supreme Court · 1859
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