Peckford v. Peckford
New York Court of Chancery
The bill was filed in this cause by-the complainant against the defendant, her husband, for a divorce, upon the ground of adultery. A verdict had been rendered in favor of the complainant on the feigned issue awarded to try the fact of adultery. The only question on the hearing was as to the amount of alimony to be allowed to the complainant. It appeared from the proofs that the complainant had been guilty of indiscretions, and had not been a dutiful and submissive wife.
1Opinion of the Court
The Chancellor :—The fact of adultery having been ascertained by the verdict on the feigned issue, the only question is as to the amount of alimony to be allowed. The usual course in such cases is to order a reference to ascertain, by the report of a master, the value of the defendant’s *property and what would be a suitable allowance. But as both parties have requested the court to settle the allowance to the wife from the fact now before it, I shall save the defendant the expense of a reference. I shall adopt his own estimate of the value of his property, $12,000, as proved by Joseph…
2Cited by1 opinion
- Forrest v. ForrestThe Superior Court of New York City · 1859