State v. Tierney
New York Court of General Session of the Peace
The defendant was arraigned at this term on a charge of desertion and non-support perferred by his wife. The defendant contended that he was justified in refusing to support or live with his wife because he had positive proof that she had been guilty of adultery, and that if he gave her money for the support of the child she would squander it in drink; that he was willing to provide a home for the child with his mother, who had offered to take it; that he had earned between…
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The defendant was arraigned at this term on a charge of desertion and non-support perferred by his wife. The defendant contended that he was justified in refusing to support or live with his wife because he had positive proof that she had been guilty of adultery, and that if he gave her money for the support of the child she would squander it in drink; that he was willing to provide a home for the child with his mother, who had offered to take it; that he had earned between $5.25 and $6.00 a week; that he had been very much interfered with in his work by reason of his wife’s having him…
1Opinion of the Court
Spruance, J:—
J:—If the wife of the defendant is not a fit person to live with and he has legal grounds for leaving her, he has *117his remedy. He can apply to the Court for relief; but until he does that, she is his wife, and he is bound to support her. He married her for weal or for woe, and there is only one legal way in which he can be relieved of her support and that is by obtaining a divorce.
The order of the Court is that the defendant pay this woman for the benefit of herself and child the sum of eight dollars per month; the first payment to be made on the fourth day of January, 1898, and…
2Cited by2 opinions
- Donaghy v. StateSupreme Court of Delaware · 1917
- Donaghy v. StateSupreme Court of Delaware · 1917