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119 A.D. 150

McNulty v. McNulty

Appellate Division of the Supreme Court of the State of New York · decided 1907-05-10

<p>. Husband and wife —.separationA cruel and inhuman treatment.</p> <p>When in an action for separation upon the ground of cruelty, it is shown, that the plain tiff’s husband on several occasions beat and kicked her and falsely accused her of adultery and other misconduct; it is-error to dismiss the complaint..</p>

Decided 1907-05-10

Per Curiam :

¶1Plaintiff is the wife of defendant and brings this action for a separation on the grounds of cruelty. Her testimony shows that on several occasions the defendant kicked and beat her and frequently falsely accused her of adultery and. other misconduct. While denying most of these accusations the defendant partially admits some of them.

¶2We are of the opinion that the plaintiff established good ground for a decree of separation and that her complaint should not have been dismissed. From the evidence now before us it is manifest that the conduct and attitude of defendant toward the plaintiff is such that she ought not to be compelled to live with him.

¶3The judgment should be reversed and a new trial granted, with costs to the appellant to abide the event.

¶4Present — Patterson, P. J., McLaughlin, Houghton, Scott and Lambert, JJ. ' '

¶5. Jndgment reversed, new trial ordered, costs to appellant to abide event.

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