Perry v. Perry
New York Court of Chancery
The bill in this cause was filed by the husband against his wife, to obtain a separation from bed and board, on account of cruel treatment, and such conduct on the part of the wife towards her husband as to render it unsafe and improper for him to cohabit with her. The defendant allowed the bill to be taken as confessed for want of an answer. And the case was heard upon the bill and upon the master’s report of the facts. (See ante, p. 285, S. C.)
1Opinion of the Court
The Chancellor.
In another case between parties of the same name, (Perry v. Perry, 2 Paige's Rep. 501,) I satisfied myself that the section of the act of April, 1824, giving the husband a right to file a bill in such a case, was not repealed in the revision of the statutes ; and that I was bound to act upon it,'whenever a proper case was presented. And upon a caréful *312examination of the testimony, this complainant appears to‘have made out such a case. The evidence shows that’the defendant frequently gives way to the most ungovemed passions, inflicting personal injury not only upon the…
2Cases cited1 opinion
- Perry v. PerryNew York Court of Chancery · 1846
3Cited by4 opinions
- Graves v. GravesMassachusetts Supreme Judicial Court · 1871
- In Re AdamsCourt of Appeals for the Second Circuit · 1928
- Glynn v. GlynnNorth Dakota Supreme Court · 1898
- Melichar v. OstDistrict Court, D. Maryland · 1977