Allen v. Allen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John P. Allen, from so much of an order of the Supreme Court, made at the Hew York Special Term, bearing date the 7th day of April, 1908, and entered in the office of the clerk of the county of Hew York, as strikes out the defendant’s answer as frivolous.
1Opinion of the Court
Scott, J.:
The defendant appeals from' an order striking out his answer as frivolous. The complaint sets out an action for divorce on the ground of adultery, hut the relief demanded is a separation from bed and board. It is apparent that the complaint does not state a cause of action for a separation under section 1762 of the Code of Civil Procedure, for the mere allegation that the defendant has been guilty of adultery has never been held to amount to an allegation of cruel and inhuman treatment of plaintiff by defendant, or of such conduct on the part of the defendant towards the plaintiff…
2Cited by3 opinions
- In re the Estate of GreenNew York Surrogate's Court · 1935
- Hofmann v. HofmannAppellate Division of the Supreme Court of the State of New York · 1921
- Hofmann v. HofmannAppellate Division of the Supreme Court of the State of New York · 1921