Moore v. Moore
| Decision Date | 27 January 1915 |
| Docket Number | No. 18.,18. |
| Citation | 84 N.J.Eq. 200,93 A. 700 |
| Parties | MOORE v. MOORE. |
| Court | New Jersey Supreme Court |
Appeal from Court of Chancery.
Petition for divorce from bed and board by Liddy Moore against William Moore. Decree for the complainant, and defendant appeals. Affirmed.
The opinion of Advisory Master McDermott was as follows:
The petitioner and defendant, who are both residents of the county of Passaic, were married on the 14th day of June, 1905, after an acquaintance of over six years and a long courtship. The petitioner was for several years prior to her marriage an operative in one of the mills in the city of Paterson. Her husband was a farmer, engaged principally in the production of milk, which was sold at retail in Paterson. They have one child, who is now in the custody of the mother.
The petitioner complains of cruel treatment, consisting of coarse and profane language applied to her, the imposition of unduly hard labor upon her, lack of proper food and clothing, and at least two instances of actual violence. The first actual violence complained of occurred in January, 1907, after which she left her husband and remained away ten days, and was then induced by him to return. In May, 1913, the defendant assaulted the petitioner, and she then left him, and after two or three months filed her petition in this cause.
It is claimed, as a result of the privations suffered by the petitioner and the cruel treatment by her husband, that her health was greatly impaired, and her life made miserable.
The defendant presented testimony tending to contradict many of the statements by or in behalf of the petitioner, but the defendant himself admitted an assault in May, 1913, insisting, however, that it was not as aggravated as claimed by his wife.
After a presentation of the authorities on which the petitioner relies, and a skillful and exhaustive argument in behalf of the defendant, I find, under all the circumstances of the case, that there has been such cruelty on the part of the defendant toward the petitioner as to entitle her to a decree for divorce from bed and board. I will advise a decree for divorce from bed and board, with provision for alimony and counsel fees to the petitioner. In view of all the facts, I will fix the alimony at $10 per week, to begin at once, and make an allowance of $250 to the solicitors of the petitioner as a counsel fee. The petitioner will, of course, recover costs.
The defendant will be required to give a...
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