Public-domain · open source
OpenJurist

85 N.J. Eq. 595

Ostergaard v. Ostergaard

Supreme Court of New Jersey

Decided March 6, 1916

Supreme Court of New Jersey · decided 1916-03-06

<p>On appeal from a decree of the court of chancery advised by Vice-Chancellor Backes.</p>

Decided 1916-03-06

Per Curiam.

¶1This is an appeal from a maintenance order of the court of chancery made at the instance of the.wife against the husband because of his desertion. The defence set up by the husband as justifying his desertion, is adultery by the wife with one Hans Krogh, the intervening defendant. This is denied, and the vice-chancellor has found as a fact that the wife was not guilty of the adultery charged.

¶2This finding we think was not only amply justified, but was the only one possible under the evidence. Not only has the husband failed to prove any act of adultery by his wife, but, as it seems to us, he has failed to prove any act by her which justified a serious suspicion on his part of her fidelity.

¶3The decree is affirmed.

For affirmance—Ti-ie Chiee-Justice, Garrison, Swayze, Trenci-iard, Parker, Bergen, Minturn, Kaliscit, Black, Vredenburgh, White, Teriiune, Heppeni-ieimer, Taylor— 14.For reversal—None.
/85/njeq/595 · .json · Public domain