Reynolds v. Reynolds
New York Court of Appeals
Mabel Reynolds brought this action, in the supreme court, against Schuyler Eeynolds, her husband, for a separation from bed and board forever, on the ground of cruel and inhuman treatment. Defendant’s answer denied the cruel and inhuman treatment alleged in the complaint; and set up that after the alleged committal, of the several acts complained of, the plaintiff had, from October, 1857, to April, 1858, continued voluntarily to cohabit with him.
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Mabel Reynolds brought this action, in the supreme court, against Schuyler Eeynolds, her husband, for a separation from bed and board forever, on the ground of cruel and inhuman treatment. Defendant’s answer denied the cruel and inhuman treatment alleged in the complaint; and set up that after the alleged committal, of the several acts complained of, the plaintiff had, from October, 1857, to April, 1858, continued voluntarily to cohabit with him. The referee found that the defendant had been guilty of cruel and inhuman treatment of the plaintiff, and of such conduct toward her as to render it…
1Opinion of the Court
By the Court.
J. M. Parker, J.
[After stating the facts.] —The findings of the referee are fully warranted by the evidence, of specific acts of cruelty and inhuman treatment, and of the circumstances under which the plaintiff continued to cohabit with the defendant after the last act of cruelty proved. Such continuance is not, in this case, as it would have been in an action for diyorce on the ground of adultery, conclusive of the fact of condonation. In that case the statute makes it so, but not in this. 3 R. 8.145, § 42; Johnson v. Johnson, 4 Paige, 460; Same v. Same, 14 Wend. 637; Whispell…
2Cases cited3 opinions
- Johnson v. JohnsonCourt for the Trial of Impeachments and Correction of Errors · 1835
- Whispell v. WhispellNew York Supreme Court · 1848
- Johnson v. JohnsonNew York Court of Chancery · 1834
3Cited by1 opinion
- Fitzpatrick v. FitzpatrickNew York Supreme Court · 1897