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3 Johns. Ch. 519

Lewis v. Lewis

New York Court of Chancery

Decided October 5, 1818

New York Court of Chancery · decided 1818-10-05

<p>On a bill, by a husband, for a divorce, the wife will not be allowed alimony, nor will the court, on her motion, order the husband to advance money to enable her to defend the suit, until she has by her answer, disclosed the nature of her defence,</p>

Cited by 2 later decisions — most recently April 1901

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1818-10-05

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The Chancellor

¶1denied both parts of the motion. He said, that it was necessary that the wife should previously disclose, by her answer, the nature of her defence; for as yet it did not appear whether she intended to defend herself against the charge in the bill. And until the facts in the bill were put in issue, he did not incline to allow her alimony; especially considering the long previous separation of the parties, and that she had not stated that she stood in need of any allowance.

¶2Motion denied, (a)

¶3 Vide Mix v. Mix, 1 Johns, Ch. Rep. 108. Denton v. Denton, id. 364.

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