Legal Opinion

Purcell v. Purcell

New York Court of Chancery

Decided March 13, 1838PublishedCited by 9 opinions

Bill by husband for a divorce. The wife applied for temporary alimony and money to make her defence. This was met by the alleged poverty of the husband.

1Opinion of the Court

The Vice-Chancellor observed :

If a husband will come into this court, complaining of his wife, either for a divorce or a separation, and the wife chooses to make a defence denying, under oath, the grounds of the bill, he must expect to furnish her with money to enable her to make her defence, and with suitable support during the litigation ; and it is no excuse for the husband that his condition and circumstances will not allow of his making such provision. He must either make it or abandon the suit.

Mr. Samuel H. Platt, for the petitioner, the wife.

Mr. Judah, for the complainant.

2Cited by9 opinions

  1. Nottingham v. NottinghamAppellate Division of the Supreme Court of the State of New York · 1924
  2. Mangels v. MangelsMissouri Court of Appeals · 1879
  3. Wallman v. WallmanNevada Supreme Court · 1924
  4. Cohen v. CohenNew York Court of Common Pleas · 1895
  5. Hallock v. HallockNew York Supreme Court · 1849

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API