Smith v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Florence Thayer Smith, from an order of the Supreme Court, made at the Hew Fork Special Term and entered in the office of the clerk of the county of Hew York on the 22d day of June, 1904, denying the plaintiff’s motion for leave to serve an amended and supplemental complaint.
1Opinion of the Court
Laughlin, J.:
This is an action for separation on the grounds of cruel and inhuman treatment and of conduct by the husband toward the plaintiff which renders it unsafe and improper for her to cohabit with him. After the service of an amended complaint, the defendant answered, setting up a counterclaim for separation on the grounds of abandonment and cruel and inhuman treatment. The plaintiff thereafter moved to discontinue the action with a view to commencing a new action, setting up acts of cruel and inhuman treatment on the part of the defendant toward the plaintiff since the commencement of…
2Cases cited5 opinions
- Whispell v. WhispellNew York Supreme Court · 1848
- Milner v. MilnerNew York Court of Chancery · 1833
- Earle v. EarleAppellate Division of the Supreme Court of the State of New York · 1903
- Faas v. FaasAppellate Division of the Supreme Court of the State of New York · 1901
- New York Central & Hudson River Railroad v. HaffenAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by4 opinions
- Watson v. Consolidated Laundries Corp.Appellate Division of the Supreme Court of the State of New York · 1932
- Ames v. AmesNew York Supreme Court · 1919
- Fox v. FoxAppellate Division of the Supreme Court of the State of New York · 1981
- Duffy v. DuffyAppellate Division of the Supreme Court of the State of New York · 1934