Kennedy v. . Kennedy
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York, affirming so much of an order of Special Term as granted to plaintiff alimony pendente lite. This was an action for a limited divorce under the statute, on the ground of cruel and inhuman treatment.
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Appeal from order of the General Term of the Superior Court of the city of New York, affirming so much of an order of Special Term as granted to plaintiff alimony pendente lite. This was an action for a limited divorce under the statute, on the ground of cruel and inhuman treatment. The material allegations of the complaint, as to the treatment complained of, are as follows : “ That since plaintiff’s marriage to defendant he has treated her in a cruel and inhuman manner, and has so conducted himself towards her as to render it unsafe and improper for her to cohabit with him; that on or about…
1Opinion of the Court
Church, Ch. J.
The learned counsel for the appellant cited the case of Collins v. Collins, in this court (71 N. Y., 269), as a decisive authority against the plaintiff’s right to alimony. In that case a marriage between the parties was alleged in the complaint. The answer admitted that the marriage ceremony had been performed, but alleged that at the time the plaintiff had a husband living, and was. therefore, incapable of contracting marriage. The plaintiff although having abundant opportunity to do so had not denied the fact alleged, and this court held that the plaintiff had not made a case…
2Cases cited2 opinions
- Brinkley v. . BrinkleyNew York Court of Appeals · 1872
- Collins v. . CollinsNew York Court of Appeals · 1877
3Cited by44 opinions
- De Meli v. . De MeliNew York Court of Appeals · 1890
- Carpenter v. CarpenterSupreme Court of Kansas · 1883
- Pearson v. . PearsonNew York Court of Appeals · 1920
- Smith v. SmithNew York Court of Appeals · 1937
- Wagner v. WagnerSupreme Court of Minnesota · 1886
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