Legal Opinion · Dissent

Hofmann v. Hofmann

Appellate Division of the Supreme Court of the State of New York

Decided March 4, 1921Published

Appeal by the defendant, Louis B. F. Hofmann, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of July, 1920, granting plaintiff’s motion for judgment on the pleadings, consisting of the complaint and demurrer thereto, and overruling the demurrer to the complaint.

1Dissent

Merrell, J. (dissenting):

Defendant has appealed from an order overruling his demurrer to plaintiff’s complaint and granting plaintiff’s motion for judgment on the pleadings.

The parties are husband and wife, and the action is by the wife to procure a judgment separating the parties from bed and board forever by reason of the cruel and inhuman treatment of the plaintiff by the defendant and by reason of such conduct on the part of the defendant toward the plaintiff as renders it unsafe and improper for the defendant to cohabit with the plaintiff. The complaint alleges the marriage of the…

2Cases cited13 opinions

  1. Bennett v. SmithNew York Supreme Court · 1856
  2. Hawkins v. . HawkinsNew York Court of Appeals · 1908
  3. Atherton v. . AthertonNew York Court of Appeals · 1898
  4. Blowers v. SturtevantNew York Supreme Court · 1847
  5. Atherton v. AthertonNew York Supreme Court · 1894

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