Erkenbrach v. . Erkenbrach
New York Court of Appeals
Appeal from order of the' General Term of the Supreme Court, in the first judicial department, which modified and affirmed as modified an-order of Special Term denying a motion on the part of plaintiff, to confirm the report of a referee, appointed to take proofs, and report the same with his opinion as to the amount proper to be allowed plaintiff for her support, and for the care and education of her children.
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Appeal from order of the' General Term of the Supreme Court, in the first judicial department, which modified and affirmed as modified an-order of Special Term denying a motion on the part of plaintiff, to confirm the report of a referee, appointed to take proofs, and report the same with his opinion as to the amount proper to be allowed plaintiff for her support, and for the care and education of her children. This was an action under the Eevised Statutes for a. limited divorce. Plaintiff obtained a decree in 1869, which gave her the custody of the children of the marriage, but no provision…
1Opinion of the Court
Rugeb, Ch. J.
Prior to the year 1787 the courts of this State had no jurisdiction of the subject of divorce, “ and the only remedy of aggrieved individuals in matrimonial cases was by application to the Colonial governor and his council or to the legislature for relief.” (Burtis v. Burtis, 1 Hopk. 557; Griffin v. Griffin, 47 N. Y. 138.)
In that year an act was passed authorizing the Court of Chancery to entertain proceedings, and when the fact was made to appear, to decree divorce for adultery. This was the only ground for divorce until 1813 when the legislature authorized decrees for…
2Cases cited3 opinions
- Griffin v. . GriffinNew York Court of Appeals · 1872
- Wightman v. WightmanNew York Court of Chancery · 1820
- Perky v. PerryNew York Court of Chancery · 1831
3Cited by99 opinions
- Sistare v. SistareSupreme Court of the United States · 1910
- Trustees of the Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co.New York Court of Appeals · 1908
- Caldwell v. CaldwellNew York Court of Appeals · 1948
- Romaine v. . ChaunceyNew York Court of Appeals · 1892
- Johnson v. . JohnsonNew York Court of Appeals · 1912
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