Wood v. Wood
New York Court of Chancery
The bill in this case was filed against the husband for "a separation, on the alleged ground of. cruel treatment. The defendant demurred to the bill on áccount of its having been, exhibited by the wife in person, without a next friend, as réquired by the 163d rule of this court. This objection. was urged in opposition to an application to the late vice chancellor of the first circuit for an allowance to the wife by way of alimony.
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The bill in this case was filed against the husband for "a separation, on the alleged ground of. cruel treatment. The defendant demurred to the bill on áccount of its having been, exhibited by the wife in person, without a next friend, as réquired by the 163d rule of this court. This objection. was urged in opposition to an application to the late vice chancellor of the first circuit for an allowance to the wife by way of alimony. He overruled the objection, and ordered the defendant to pay her one hundred dollars ; and referred it. to - a master, to report what'further sum he ought to…
1Opinion of the Court
The Chancellor.
A feme covert has no right to file a bill against her husband without the interposition of a next friend, who will be answerable for the costs, in case the suit is instituted without any reasonable cause, (a) If the objection appears on the face of the bill, it is a good cause of demurrer; and the objection goes to the whole bill. (Willis’ Eq. Pl. 5, n. s. Mitford, 153. Cooper, 163.) The statute has authorized her, in a suit for a divorce which is to dissolve the marriage contract, to institute the same in her own name. But by the revised statutes this power is only given under…
2Cited by5 opinions
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