Munger v. Munger, A--739

Decision Date18 February 1953
Docket NumberNo. A--739,A--739
Citation24 N.J.Super. 574,95 A.2d 153
PartiesMUNGER v. MUNGER.
CourtNew Jersey Superior Court — Appellate Division

Meyer L. Sakin, Camden, for respondent and cross-appellant.

Walter S. Keown, Camden, for appellant and cross-respondent.

Before Judges EASTWOOD, BIGELOW and JAYNE.

PER CURIAM.

Except in the detail mentioned below, the judgment will be affirmed for the reasons expressed in the Chancery Division by Judge Burton, whose opinion is reported at 21 N.J.Super. 49, 90 A.2d 539 (1952). We might add, with reference to the defense of laches, that 'a present and continuing offense * * * is the basis of a decree for separate maintenance. Defendant still abandons his wife. The continuance of the offense raises anew his obligation to support her.' Baumgarten v. Baumgarten, 107 N.J.Eq. 274, 151 A. 606, 608 (Ch.1930).

Considering all the factors in the situation, we find that the counsel fee allowed to the wife in the Chancery Division should be increased by the sum of $1,000. The wife's taxed costs on the appeals, including a counsel fee of $750, should be charged against her husband. Let there be a judgment accordingly.

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7 cases
  • Martindell v. Martindell
    • United States
    • New Jersey Supreme Court
    • April 23, 1956
    ...of alimony from $300 to $550 per month. Cf. Munger v. Munger, 21 N.J.Super. 49, 57, 90 A.2d 539 (Ch.1952), affirmed 24 N.J.Super. 574, 95 A.2d 153 (App.Div.1953). Nor do we find any error in his action which made the increase retroactive to October 19, 1953. The court had authority to grant......
  • Koch v. Koch
    • United States
    • New Jersey Superior Court — Appellate Division
    • June 29, 1967
    ...Munger v. Munger, 21 N.J.Super. 49, 53, 90 A.2d 539 (Ch.Div.1952), affirmed o.b. on this point, modified on other grounds 24 N.J.Super. 574, 95 A.2d 153 (App.Div.1953); Paragian v. Paragian, 48 N.J.Super. 207, 137 A.2d 104 (J. & D.R.Ct.1957); Falzo v. Falzo, 84 N.J.Super. 343, 202 A.2d 192 ......
  • Ricci v. Ricci
    • United States
    • New Jersey Superior Court
    • July 5, 1967
    ...N.J. 268, 273, 274, 72 A.2d 318 (1950), and Munger v. Munger, 21 N.J.Super. 49, 57, 90 A.2d 539 (Ch.Div. 1952), affirmed 24 N.J.Super. 574, 95 A.2d 153 (App.Div. 1953). Therefore, the tendency would seem to be to dispense with fixed rules and to decide each case upon its own peculiar circum......
  • Friedman v. Friedman
    • United States
    • New Jersey Superior Court — Appellate Division
    • September 23, 1955
    ...for divorce, will excuse the abandonment. Munger v. Munger, 21 N.J.Super. 49, 90 A.2d 539 (Ch.Div. 1952), modified in 24 N.J.Super. 574, 95 A.2d 153 (App.Div.1953). In McNeel v. McNeel, 126 N.J.Eq. 255, 257--258, 8 A.2d 572 (E. & A.1939), it was held that either adultery or extreme cruelty ......
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