Douglas v. Douglas
New York Supreme Court
Appeal from a judgment decreeing maintenance of the plaintiff by the defendant but denying a separation, entered at Special Term, in an action brought by a 'wife against her husband for a separation.
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Appeal from a judgment decreeing maintenance of the plaintiff by the defendant but denying a separation, entered at Special Term, in an action brought by a 'wife against her husband for a separation. The only causes fo2' separation from bed and board forever or for a limited time, are those provided in the statute: 1. “ The cruel and inhuman treatment by the husband of hiá wife.” 2. “ Such conduct on the part of the husband toward his wife as may render it unsafe and improper for her to cohabit with him.” 3. “ The abandonment of .the wife by the husband, or his refusal or neglect to provide…
1Opinion of the Court
DANIELS, J.:
The court found neither of the facts proved in this case, for which alone a judgment for a separation could be directed according to the provisions of the statute of this State. (3 R. S. [5th ed.], 237, § 64.) But it was found that the husband was a person of intemperate habits, and for that reason he was adjudged liable to provide for the support and maintenance of his wife, out of his property. This,circumstance was insufficient, under the statute just referred to, for the purpose of justifying a judgment for a separation in the plaintiff’s favor, and it was so considered by the…
2Cases cited3 opinions
- Atwater v. AtwaterNew York Supreme Court · 1868
- P v. PNew York Supreme Court · 1862
- Turrel v. TurrelNew York Court of Chancery · 1817