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8 Abb. N. Cas. 174

Freeman v. Freeman

New York Supreme Court

Decided September 15, 1880

New York Supreme Court · decided 1880-09-15

Habeas corpus. Stewart W. Freeman brought an action in the New York superior court, against his wife Hannah, for a divorce ; and she made default. The default was opened on her application, and leave to defend granted on condition that she stipulate not to ask for alimony and counsel íes pendente lite. She answered, and the action wás tried before a referee, who found in her favor. Her counsel then moved before judgment for an order granting alimony.

Relies on Germond v. Germond

Decided 1880-09-15

Lawrence, J.

¶1The superior court had jurisdiction of the person of the petitioner, and of the subject-matter. The order making an allowance to the wife for • alimony and counsel fee, upon the dismissal of the complaint, was also in accordance with the established practice of the late court of chancery (Germond v. Germond, 1 Paige Ch. 83). .And the superior court also had power to punish the petitioner for his contempt in refusing to obey its order.

¶2The application to discharge the petitioner must, therefore, be denied, and he must be remanded.

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