Gerard v. Gerard
New York Court of Chancery
This was an appeal from an order of the vice chancellor of the third circuit. The complainant filed her bill to obtain a divorce, for the alleged adultery of the defendant, and obtained a decree by default.
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This was an appeal from an order of the vice chancellor of the third circuit. The complainant filed her bill to obtain a divorce, for the alleged adultery of the defendant, and obtained a decree by default. The defendant, who was a resident of New Hampshire at the time of his application, obtained an order opening the decree and the order to take the bill as confessed, and allowing him to put in an answer, denying the adultery, upon payment of all the costs which had then accrued in the suit. And it was referred to a master to report a suitable allowance to the wife for ad interim alimony,…
1Opinion of the Court
The Chancellor.
The order appealed from is-erroneous, and must bo reversed. If the decree was taken against the defendant, for want of appearance, after a personal service of the subpoena, the vice chancellor was authorized to impose such terms as he pleased upon the defendant, as a condition of granting him the relief asked-; and might have required him to give security for the payment of ad interim alimony, to the wife, pendente lite, and also for an allowance for the necessary expenses of her suit. But if the bill was taken as confessed against him as an absentee, without an actual service…
2Cited by1 opinion
- Fisk v. Albany & Susquehanna RailroadNew York Supreme Court · 1870