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1 Johns. Ch. 364

Denton v. Denton

New York Court of Chancery

Decided February 23, 1815

New York Court of Chancery · decided 1815-02-23

THE petition of the plaintiff stated, that, in January last, she filed her bill against the defendant, setting forth that she was married to the defendant on the 25th of October, 1795, in this state, and that they were then, and still are, citizens and residents of this state. That, on the 20th of April, 1814, the defendant broke up housekeeping, though, for years before, his annual expenses for housekeeping were between 4 and 5,000 dollars.

Good law ✅— No negative treatment on recordhow we know

Decided 1815-02-23

How this case has been cited

Cited by 7 later decisions — most recently January 1937

7 state decisions

301815182018301840185018601870188018901900191019201930decided

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 Chancellor.

¶1The bill filed in this cause states matter properly cognizable in equity. It is as well for alimony as for other relief. The allowance of a ne exeat, when the husband threatens to leave the state, and his wife without any support, is essential to justice, and has been granted in like cases. (2 Atk. 210. Amb. 76. Dickens, 154.) From what was said in the case of Mix v. Mix,*as well as from the cases now cited, the rule appears to be, that the wife who is under the necessity of carrying on a suit against her husband, or of defending one against him, is entitled, as well to a reasonable allowance to be paid by the husband for the necessary expenses of the suit, as to an allowance for alimony pending the prosecution.

¶2I shall, accordingly, allow the ne exeat, and direct security under it to be taken, in the sum of 25,000 dollars, and shall, also, allow at the rate of 100 dollars per month, for alimony, and the further sum of250 dollars, to be paid by the defendant to the plaintiff, or to the register, or assistant register, on her *366behalf, towards defraying the necessary charges of the suit, on herParL

¶3 Ante, p. 109.

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