Whispell v. Whispell
New York Supreme Court
In Equity. This was a bill filed in the late court of chancery, by the wife against her husband, for a separation a mensa et thoro on the ground of cruel treatment. The defendant answered, denying the allegations in the bill, and a replication was filed, and proofs were taken. The parties resided at Shan-
1Opinion of the Court
By the Court, Parker, J.
The bill of complaint in this cause was filed in the late court of chancery, for a separation from bed and board, or a limited divorce, under the provisions of the revised statutes. (2 R. S. 3d ed. 206, § 50.) Such separations may be decreed for the following causes: 1. The cruel and inhuman treatment by the husband, of the wife. 2. Such conduct on the part of the husband, towards his wife, as may render it unsafe or improper for her to cohabit with him. 3. The abandonment of the wife by the husband, and his refusal or neglect to provide for her. The plaintiff in this…
2Cases cited1 opinion
- Burr v. BurrNew York Court of Chancery · 1842
3Cited by27 opinions
- De Meli v. . De MeliNew York Court of Appeals · 1890
- Beebe v. BeebeSupreme Court of Iowa · 1859
- Cole v. ColeSupreme Court of Iowa · 1867
- Phillips v. PhillipsWisconsin Supreme Court · 1870
- Segelbaum v. SegelbaumSupreme Court of Minnesota · 1888
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