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4 Backes 170

147 A 193

Ross v. Ross

New Jersey Court of Chancery

Decided September 5, 1929

New Jersey Court of Chancery · decided 1929-09-05

Cited by 3 later decisions — most recently May 1944

3 state decisions

Relies on Cavileer v. Cavileer · 71 N.J. Eq. 273 - Foote v. Foote · Hauenstein v. Hauenstein

Good law ✅— No negative treatment on recordhow we know

Decided 1929-09-05

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¶1This is a suit brought on the ground of extreme cruelty under the 1923 supplement to the Divorce act. P.L. 1923 p. 494.

¶2The petition was filed July 26th, 1927.

¶3The acts of cruelty complained of in said petition took place six months prior to the date of the filing of the petition.

¶4The defendant filed an answer on September 21st, 1927.

¶5The parties cohabited together from June, 1920, and up until January 10th, 1927, at which time the petitioner ceased cohabitation with the defendant because of defendant's extreme cruelty. Owing to the fact that petitioner had no means of her own and was wholly dependent upon defendant for support, she remained in the same house with *171 the defendant up and until August 2d 1927, since which date the parties have lived separate and apart.

¶6It is abundantly established that there was considerable discord in the family life from the year 1924 and up and until the petitioner ceased cohabitation with the defendant on January 10th, 1927.

¶7The husband's ill-temper spent itself in a number of acts of extreme cruelty according to his wife, which caused her extreme pain, both physically and mentally. The defendant exhibited contempt for the petitioner and accused her of infidelity in the presence of witnesses and showed indifference and utter disregard for the feelings of the petitioner. On various occasions the defendant without provocation picked quarrels with the petitioner, swore at her, and called her vile and contemptible names. In October and December, 1926, defendant, in the presence of friends of both parties, made accusations against the petitioner to the effect that she had been untrue to her marriage vows. As a result of these unjust accusations, petitioner suffered from mental pain and experienced a nervous breakdown.

¶8Petitioner testified in conisderable detail as to the extreme cruel tratment and as to the physical injury inflicted upon her on several occasions, and as to the fact that he had called her prostitute and told her to "get the hell out of the house."

¶9The defendant denies the assaults, but admits that he had accused his wife of not being true to him and that she had broken her marriage vows. He offers no credible testimony as to his justification for these accusations.

¶10The petitioner is corroborated in her testimony by various witnesses as to certain of the acts of extreme cruelty and as to her rundown physical and mental condition.

¶11I am satisfied that their testimony is worthy of belief.

¶12It was claimed that all the acts of cruelty on his part testified to were condoned. The only testimony indicating any such condonation was that of the defendant, and his statements are not convincing.

¶13I will advise a decree for divorce for the petitioner. SeeHauenstein v. Hauenstein, 95 N.J. Eq. 34; 122 Atl. Rep. *172 241; Hill v. Hill, 97 N.J. Eq. 237; 127 Atl. Rep. 584; Wines v. Wines, 97 N.J. Eq. 55; 127 Atl. Rep. 28; Coe v. Coe,97 N.J. Eq. 59; 127 Atl. Rep. 39; Foote v. Foote, 71 N.J. Eq. 273;65 Atl. Rep. 205; Cavileer v. Cavileer, 94 N.J. Eq. 160;119 Atl. Rep. 101.

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