Codd v. Codd
New York Court of Chancery
[ * 142 ] THE bill, which was for a divorce, stated the marriage of the parties in Ireland, in 1799; their removal to this state in the same year; that they have five children ; that the plaintiff is entitled to a large real estate, and the defendant has no property of his own. That he is intemperate, and of a violent temper, and treated the plaintiff and her children cruelly; that he has attempted, by threats and coercion, to make her dispose of her property for his use.
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[ * 142 ] THE bill, which was for a divorce, stated the marriage of the parties in Ireland, in 1799; their removal to this state in the same year; that they have five children ; that the plaintiff is entitled to a large real estate, and the defendant has no property of his own. That he is intemperate, and of a violent temper, and treated the plaintiff and her children cruelly; that he has attempted, by threats and coercion, to make her dispose of her property for his use. That in 1808, they agreed to a separation, and conveyed the property to trustees; and which was since vested in T. A.…
1Opinion of the Court
The Chancellor.
[* 143 j
There is no act of violence or dangerous threat charged since the return of the defendant into this state, in March last, and those which are charged are of the date of 1808. There does not appear, then, to be sufficient ground for the extraordinary interference of this Court, pending the suit, to hold the defendant to bail, *to keep the peace, under a writ of supplicavit, after the lapse of so many years since the injuries complained of. In Clavering’s case, (2 P. Wms. 202.) and in King v. King, (2 Ves. 578.) the interposition of the Court in this way was where life…
2Cited by3 opinions
- Cornelius v. CorneliusSupreme Court of Alabama · 1858
- Adams v. AdamsMassachusetts Supreme Judicial Court · 1868
- Lawrence v. BowmanU.S. Circuit Court for the District of Northern California · 1858