Solomon v. Solomon
The Superior Court of New York City
-The motion is for alimony and counsel fee to the plaintiff, in an action for a limited divorce.'
1Opinion of the CourtMonell, J.
It is not a matter of course to allow temporary alimony and an advance to her counsel, in an action by the wife for a limited divorce (Worden agt. Worden, 3 Edw. 387). There must appear to be an injury, and a meritorious cause of action (Id).
Separations which may be adjudged for cruel and inhuman treatment of the wife by the husband, must be founded upon something more than mere austerity of temper, severity of language, or occasional ebulitions of passion (Mason agt. Mason, 1 Edw. 218). To constitute the smitia of the civil law, bodily injury or an act of personal violence is not necessary.…
2Cases cited2 opinions
- Pierson v. ThompsonNew York Court of Chancery · 1831
- Worden v. WordenNew York Court of Chancery · 1840
3Cited by2 opinions
- Douglas v. DouglasNew York Supreme Court · 1872
- Itzkowitz v. ItzkowitzAppellate Division of the Supreme Court of the State of New York · 1898