Sibley v. Sibley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Richard Clay Sibley, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day of March, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, decreeing that plaintiff and defendant, who are husband and wife, be legally-separated, awarding the care and custody óf their two children to the plaintiff, and also awarding to her the sum…
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Appeal by the defendant, Richard Clay Sibley, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day of March, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, decreeing that plaintiff and defendant, who are husband and wife, be legally-separated, awarding the care and custody óf their two children to the plaintiff, and also awarding to her the sum of $4,200 per annum for the support and maintenance of herself and children, together with the costs of the action. The…
1Opinion of the Court
Laughlin, J.:
It is doubtful whether the evidence is sufficient to sustain the judgment. The parties were married on the 11th day of February, 1886, and lived together until the 1st day of November, 1898; but, according to the plaintiff’s testimony, they ceased to cohabit after the spring of 1895. The only evidence concerning the conduct of *134the defendant toward the plaintiff subsequent to the 19th day of February, 1896, is the uncorroborated testimony of the plaintiff herself. Her testimony with reference to the period prior to that time shows different acts of cruelty and violence of an…
2Cases cited4 opinions
- Hovey v. ElliottSupreme Court of the United States · 1897
- Brinkley v. . BrinkleyNew York Court of Appeals · 1871
- Duncomb v. . N.Y., H. N.R.R. Co.New York Court of Appeals · 1881
- Hovey v. . ElliottNew York Court of Appeals · 1895
3Cited by22 opinions
- Thompson v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1910
- Citizens National Bank v. AlexanderIndiana Court of Appeals · 1905
- Jones v. SabinAppellate Division of the Supreme Court of the State of New York · 1907
- Fennessy v. FennessyAppellate Division of the Supreme Court of the State of New York · 1906
- Grant v. Cananea Consolidated Copper Co.Appellate Division of the Supreme Court of the State of New York · 1907
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