1 Johns. Ch. 108 | New York Court of Chancery | 1814
The statute gives this court jurisdiction over divorces, a vinculo matrimonii, for adultery, and over divorces, a mensa et thoro, for cruelty, only in the case of parties of a certain designation and description.
I am willing, for the present, and under the circumstances of this c^se, to direct a monthly allowance of 30 dollars to the plaintiff, to be computed from the 20th inst., (being the
Rule accordingly.
The first section of the act makes it lawful, in cases where adultery is committed by husband or wife, u they being the inhabitants of this state at the time of committing such adultery, or when the marriage shall have been solemnized, or taken place within this state, and the party injured an actual resident in this state, at the time the adultery is committed, and at the time of exhibiting the bill, to exhibit a bill for a divorce,” &c., a vinculo, &c. And the 10th section provides, in the like circumstances, in case of cruelty and inhuman treatment*, that a bill may be exhibited for a divorce, a mensa &c.