1 Edw. Ch. 380 | New York Court of Chancery | 1832
TMs court will not interfere by virtue of its general jurisdiction, to compel a husband and wife to live together, when they have separated; nor force them to live apart when they are cohabiting. But, if they agree to live separate and do separate accordingly, and the husband stipulates to allow the wife a maintenance, equity, acting upon the contract, will enforce such contract against the husband so long as the separation continues: Clancy, ch. 4,p. 397.
But the jurisdiction of the court of chancery and the practice of the English ecclesiastical courts are blended in our equity powers. And these ecclesiastical courts do not consider a voluntary separation between husband and wife as amounting
The result is, that the complainant is entitled to file the bill, notwithstanding the deed of separation. Its provisions, in regard to maintenance, may be enforced. And the court may, as in ordinary cases, direct an advance to be made for the purposes of the suit. As the deed of separation has not been annulled, I shall order the amount mentioned in it to be paid, and also one hundred dollars to the solicitor for the complainant.