Legal Opinion

Lynde v. Lynde

New York Court of Chancery

Decided November 21, 1846Published

Motion for an allowance by way of additional alimony, to enable the defendant to proceed to Cuba to spend the ensuing winter for the benefit of her health. The suit was prosecuted by a husband against his wife, for a divorce, on the ground of adultery. The wife, in her answer on oath, denied the adultery charged, - and an issue had been awarded to try the question. The complainant had had an opportunity to try the issue, but had not brought it on.

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Motion for an allowance by way of additional alimony, to enable the defendant to proceed to Cuba to spend the ensuing winter for the benefit of her health. The suit was prosecuted by a husband against his wife, for a divorce, on the ground of adultery. The wife, in her answer on oath, denied the adultery charged, - and an issue had been awarded to try the question. The complainant had had an opportunity to try the issue, but had not brought it on. The late vice-chancellor had ordered him to pay to the defendant for alimony, thirty dollars per month; which it was shown was insufficient to…

1Opinion of the Court

The Vice-Chancellor.

This is a petition of the wife for an increase of alimony, pending a suit against her by her husband, for a divorce, on the ground of adultery. The offence is denied by the wife, and a feigned issue is in readiness to try the question. The late Vice-Chancellor allowed to her thirty dollars per month, for temporary alimony, and it is now asked to increase it, so as to enable her to pass the ensuing winter in a *374tropical climate, for the preservation of her life. Of the necessity of such a measure, physicians are the best judges, and the court must depend very much on their…

2Cases cited1 opinion

  1. Germond v. GermondNew York Court of Chancery · 1834

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