Allen v. Allen
New York Supreme Court
I. January, 1880. Motion by plaintiff for alimony pending the action, and for a counsel fee to prosecute the same. .The action was brought by Priscilla Allen, against her husband, G-eorge W. Allen, for a divorce annulling the marriage contract upon the ground that he was-physically incapable of entering into the marriage state. The complaint alleged the marriage of the partiesát the city of New York, on May 15, 1879, and residence in this State.
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I. January, 1880. Motion by plaintiff for alimony pending the action, and for a counsel fee to prosecute the same. .The action was brought by Priscilla Allen, against her husband, G-eorge W. Allen, for a divorce annulling the marriage contract upon the ground that he was-physically incapable of entering into the marriage state. The complaint alleged the marriage of the partiesát the city of New York, on May 15, 1879, and residence in this State. It then alleged the defendant’s physical incapacity of entering into the marriage state, and gave the facts thereof, which it was alleged were known…
1Opinion of the CourtDaniels, J.
The defendant has been committed to jail for his failure and refusal to pay money to enable the plaintiff, who is his wife, to prosecute this action against him for a divorce, and for her support during its pendency. And he has now applied for his discharge by means of the writ of habeas corpus, from imprisonment under the commitment, by giving the usual bond for the liberties of the jail.
So far as the restraint imposed upon him is dependent on his refusal to pay the costs of the preliminary motions, it cannot be sustained; for as the law now stands there can be no imprisonment for the…
2Cases cited42 opinions
- Winchell v. . HicksNew York Court of Appeals · 1859
- Griffin v. . GriffinNew York Court of Appeals · 1872
- Wood v. WoodNew York Court of Chancery · 1830
- Perky v. PerryNew York Court of Chancery · 1831
- Devanbagh v. DevanbaghNew York Court of Chancery · 1836
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3Cited by2 opinions
- McNair v. McNairAppellate Division of the Supreme Court of the State of New York · 1910
- Gore v. GoreNew York Supreme Court · 1904