Legal Opinion

Smith v. Smith

Supreme Court of New Jersey

Decided November 15, 1885PublishedCited by 6 opinions

On appeal from a decree advised by Yice-Chancellor Bird,, who filed the following conclusions: This bill prays for a divorce from bed and board, and alimony during the natural life of complainant or the continuance of said divorce. These prayers are founded on the allegation of extreme cruelty. A great many acts of the husband are set forth, as extremely cruel. I will present the principal ones.

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On appeal from a decree advised by Yice-Chancellor Bird,, who filed the following conclusions: This bill prays for a divorce from bed and board, and alimony during the natural life of complainant or the continuance of said divorce. These prayers are founded on the allegation of extreme cruelty. A great many acts of the husband are set forth, as extremely cruel. I will present the principal ones. The parties were married November 7th, 1854. Shortly after their marriage Mrs. Smith went to make a call. Before going, she told Mr. Smith that she would return by six o’clock. She returned about…

1Opinion of the Court

The opinion of the court was delivered by

Scudder, J.

The complainant, Alicia A. Smith, filed a bill for divorce from bed and- board against her husband, Richard Smith, for extreme cruelty, under the act concerning divorces. On motion for alimony pendente lite, counsel fees and other provision for the conduct of the suit, the chancellor made such allowance and provided for the expenses of the suit as it should progress.

The opinion on this motion for alimony, based on the bill and affidavits thereto annexed, will be found in 6 Stew. Eq. 458. On bill, answer and proofs, a decree was subsequently…

2Cases cited1 opinion

  1. Kennedy v. . KennedyNew York Court of Appeals · 1878

3Cited by6 opinions

  1. Friedman v. FriedmanNew Jersey Superior Court Appellate Division · 1955
  2. Hill v. HillNew Jersey Court of Chancery · 1925
  3. Pfender v. PfenderNew Jersey Court of Chancery · 1930
  4. Martinique v. MartiniqueNew Jersey Superior Court Appellate Division · 1958
  5. McElnea v. McElneaNew Jersey Court of Chancery · 1928

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