Umbach v. Umbach
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Julius Umbach, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 30th day of November, 1917, upon the decision of the court after a trial at the Queens County'Special Term. The judgment granted plaintiff a separation from the bed and board of the defendant and awarded to her alimony at the rate of ten dollars a week.
1Opinion of the Court
Blackmar, J.:
If a married couple, through infirmities of temper leading to continual bickering, altercations and nagging, cannot and do not wish to live together, the door is open for them to separate. But a separation by judgment of this court, which relieves the wife from all marital obligations except chastity and continues the husband’s obligation to support, can be obtained only for the causes specified in the statute, and these are cruel and inhuman treatment, or such conduct on the part of the defendant towards the plaintiff as renders it unsafe and improper for the former to cohabit…
2Cases cited1 opinion
- Donohue v. DonohueAppellate Division of the Supreme Court of the State of New York · 1917
3Cited by7 opinions
- Mante v. ManteAppellate Division of the Supreme Court of the State of New York · 1970
- Kenneson v. KennesonNew York Family Court · 1942
- Morris v. MorrisNew York Supreme Court · 1919
- Otton v. OttonAppellate Division of the Supreme Court of the State of New York · 1921
- People ex rel. Roosevelt v. RooseveltAppellate Division of the Supreme Court of the State of New York · 1961
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