Fischer v. Fischer

New Jersey Court of Chancery

Fischer v. Fischer

18 N.J. Eq. 300

DecidedMay 15, 1867

StatusPublished

This text of 18 N.J. Eq. 300 (Fischer v. Fischer) is published on Counsel Stack Legal Research, covering New Jersey Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fischer v. Fischer, 18 N.J. Eq. 300 (N.J. Ct. App. 1867).

Pincite

Opinion

The Chancellor.

The bill is for a divorce a mensa et thoro, and for alimony, on the ground of extreme cruelty;

The facts charged in the bill as constituting the extreme cruelty, are denied in the answer. The issue is upon these facts.

There are only two witnesses, the complainant and defendant. The defendant, in his testimony, fully denies all the facts proved by the complainant that could make a foundation for the decree. The complainant has the burthen of proof, and must sustain her case by something more than equally balanced testimony.

The bill must be dismissed, but without costs.

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The Chancellor.

The bill is for a divorce a mensa et thoro, and for alimony, on the ground of extreme cruelty;

The facts charged in the bill as constituting the extreme cruelty, are denied in the answer. The issue is upon these facts.

There are only two witnesses, the complainant and defendant. The defendant, in his testimony, fully denies all the facts proved by the complainant that could make a foundation for the decree. The complainant has the burthen of proof, and must sustain her case by something more than equally balanced testimony.

The bill must be dismissed, but without costs.

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Bluebook (online)

18 N.J. Eq. 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fischer-v-fischer-njch-1867.