Atwater v. Atwater
New York Supreme Court
APPEAL by the defendant from a judgment entered upon the report of a referee. The action was brought by the plaintiff to obtain a limited divorce. The amended complaint alleged acts of the defendant amounting to cruel and inhuman treatment of the plaintiff; also such acts as rendered it unsafe and improper for her to cohabit with him; also abandonment and refusal to support the plaintiff, as the three grounds for such a judgment.
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APPEAL by the defendant from a judgment entered upon the report of a referee. The action was brought by the plaintiff to obtain a limited divorce. The amended complaint alleged acts of the defendant amounting to cruel and inhuman treatment of the plaintiff; also such acts as rendered it unsafe and improper for her to cohabit with him; also abandonment and refusal to support the plaintiff, as the three grounds for such a judgment. The answer denied the acts alleged, and set up as a defense misconduct on the part of the plaintiff. The issues were referred to, and tried before, a referee, who…
1Opinion of the Court
By the Court, Lott, P. J.
The Revised Statutes provide that a separation from bed and board forever, or for a limited time, may be decreed on the complaint of a married woman, subject to certain qualifications not necessary to be here stated, for the following causes:
1st. The cruel and inhuman treatment by the husband, of his wife.
2d. Such conduct on the part of the husband towards Ms wife, as may render it unsafe and improper for her to cohabit with him.
3d. The abandonment of the wife by the husband, and Ms refusal or neglect to provide for her. (2 R. S. 146, &c., §§ 50, 51.)
The complaint “…
2Cited by7 opinions
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- Ramsden v. . RamsdenNew York Court of Appeals · 1883
- Ruckman v. RuckmanNew York Supreme Court · 1880
- Davis v. DavisNew York Supreme Court · 1874
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