Clayton v. Clayton
New Jersey Court of Chancery
On bill of review. The defendant herein, Alonzo-Clayton, filed his petition for divorce against his wife, Lizzie Clayton, the complainant herein, on April 9th, 1897, charging her with adultery.
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On bill of review. The defendant herein, Alonzo-Clayton, filed his petition for divorce against his wife, Lizzie Clayton, the complainant herein, on April 9th, 1897, charging her with adultery. She answered, denying the adultery, and the cause was brought to trial before a vice-chancellor on the 6th of July, 1897. After hearing counsel, the vice-chancellor took time to consider, and subsequently, on the 28th of August, wrote a letter to the respective counsel of the parties stating that.he would advise a decree for the petitioner. Such decree was presented to him on the 22d of December, 1897,…
1Opinion of the Court
Pitney, V. C.
It was not contended that a bill of review was not the proper remedy of the wife in this case, and I am satisfied that it is the proper remedy. Story Eq. Pl. §§ 404, 412.
The proofs show the following state of affairs: For some time prior to the trial of the original cause in July, 1897, the husband had been allowing his wife a weekly sum of $6 in the way of trade at a provision store. She rented a tenement, and supported herself and three children by manual labor — washing, &c. — and in the summer time rented out some of her apartments to cheap lodgers. These were persons who…
2Cited by1 opinion
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