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1 Edw. Ch. 255

Smith v. Smith

New York Court of Chancery

Decided January 23, 1832

New York Court of Chancery · decided 1832-01-23

The bill in this cause was filed by the wife against the husband for a divorce a mensa et thora, on the ground of cruelty. It distinctly set forth the time and place of marriage and the name of the minister who officiated at the ceremony. The pleading was sworn to. An application was now made for temporary alimony and money to carry on the suit.

Good law ✅— No negative treatment on recordhow we know

Decided 1832-01-23

How this case has been cited

Cited by 3 later decisions — most recently February 1913

3 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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The ' Vice-Chancellor,

¶1A novel question is presented here. Although the defendant denies á marriage de facto, he . , , has not denied cohabitation, or living together, nor the great cruelty set forth in the bill. .At this stage of the suit, I do not think the plea sufficient to prevent the granting of the application. In Smyth v. Smyth, 2 Adams, 254, the!' court, in effect, granted temporary alimony, when in point of form it could not allot it to the wife until the fact of marriage was either proved or confessed by the.husband.

¶2I shall direct a reference to -a master to 'ascertain the amount-which ought to be. allowed, according as the circumstances of the defendant may appear before him.

¶3Ordered accordingly.

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