Smith v. Smith
New York Court of Chancery
The complainant in this case, by her next friend, filed a bill against her husband, charging him with cruel and inhuman treatment, and also with the crime of adultery. And she prayed for a separation from bed and board forever, or for a decree dissolving the marriage contract.
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The complainant in this case, by her next friend, filed a bill against her husband, charging him with cruel and inhuman treatment, and also with the crime of adultery. And she prayed for a separation from bed and board forever, or for a decree dissolving the marriage contract. The defendant demurred to the bill for multifariousness, or duplicity, in joining two distinct causes of action, requiring different decrees, and which were incompatible and improper to be joined in the same bill. insisted that in a bill for a divorce the charges of cruel and inhuman treatment and of adultery could be…
1Opinion of the Court
The Chancellor.
The question presented by this demurrer is whether a suit for a separation from bed and board, on account of cruelty, can be joined in the same bill with a *93suit for a divorce, on the ground of adultery. In the case of Pomeroy v. Pomeroy, (1 John. Ch. Rep. 606,) upon an application to file security for costs upon a bill of this kind, Chancellor Kent intimated an opinion that these two causes of action could not be contained in the same bill. But the question was not then decided; as the statute only required security for costs in a suit which was for a separation from bed and…
2Cited by10 opinions
- M'Intosh v. M'IntoshNew York Supreme Court · 1856
- Conrad v. ConradAppellate Division of the Supreme Court of the State of New York · 1908
- Conrad v. ConradAppellate Division of the Supreme Court of the State of New York · 1908
- Conrad v. ConradNew York Supreme Court · 1907
- Doe v. RoeNew York Supreme Court · 1880
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