Gibert v. Gibert
New York Court of Common Pleas
Action by Annie T. Gibert against Audinet Gibert for separation from defendant’s bed and board, because of his abandonment of plaintiff, and neglect or refusal to provide for her support. Judgment for plaintiff.
1Opinion of the CourtBischoff, J.
I am of the opinion that, upon the facts in evidence, plaintiff is entitled to judgment for separation from defendant’s bed and board, with a suitable provision for alimony, and the costs of this action. The causes which induced the parties to this action to enter into an oral agreement among themselves, in September, 1885, to live separate and apart from each other, I regard as wholly immaterial. The enforcement of such an agreement is contrary to public policy, and the agreement itself was therefore revocable at the pleasure of either party. Schouler, Husb. & Wife, § 471, etc.; Stew. Husb.…
2Cases cited4 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1893
- Rogers v. RogersNew York Court of Chancery · 1834
- Ruckman v. RuckmanNew York Supreme Court · 1880
- Clearman v. ClearmanNew York Supreme Court · 1888
3Cited by2 opinions
- Hungerford v. HungerfordAppellate Division of the Supreme Court of the State of New York · 1897
- Hungerford v. HungerfordAppellate Division of the Supreme Court of the State of New York · 1897