Irvine v. Irvine

New Jersey Court of Chancery

Irvine v. Irvine

88 A. 377, 81 N.J. Eq. 20, 11 Buchanan 20, 1912 N.J. Ch. LEXIS 15

CourtNew Jersey Court of Chancery

DecidedOctober 24, 1912

StatusPublished

Cited by2 cases

This text of 88 A. 377 (Irvine v. Irvine) 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

Irvine v. Irvine, 88 A. 377, 81 N.J. Eq. 20, 11 Buchanan 20, 1912 N.J. Ch. LEXIS 15 (N.J. Ct. App. 1912).

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Opinion

Emery, Y. C.

This is a bill for alimony and maintenance under the statute, and an application for temporary alimony. The affidavits of the wife as to the circumstances of the separation and the refusal to support, are flatly contradicted by. the husband, but, on considering all the affidavits, I think those upon the part of the wife present a prima facie case entitling her to a trial of the question whether the circumstances of the separation were such as to make the husband’s present offer pending suit, of rooms to [21]*21live in with him, no defence to the suit, because not made with any right to expect it to be accepted.

In the meantime, the husband’s legal obligation to support his wife continues and he should contribute thereto. An order should be advised for alimony penclente lite, at the rate of $7.50 per week, from September 17th, 1912, and a counsel fee of $30, pajrable within thirty days.

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Emery, Y. C.

This is a bill for alimony and maintenance under the statute, and an application for temporary alimony. The affidavits of the wife as to the circumstances of the separation and the refusal to support, are flatly contradicted by. the husband, but, on considering all the affidavits, I think those upon the part of the wife present a prima facie case entitling her to a trial of the question whether the circumstances of the separation were such as to make the husband’s present offer pending suit, of rooms to [21]*21live in with him, no defence to the suit, because not made with any right to expect it to be accepted.

In the meantime, the husband’s legal obligation to support his wife continues and he should contribute thereto. An order should be advised for alimony penclente lite, at the rate of $7.50 per week, from September 17th, 1912, and a counsel fee of $30, pajrable within thirty days.

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Bluebook (online)

88 A. 377, 81 N.J. Eq. 20, 11 Buchanan 20, 1912 N.J. Ch. LEXIS 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/irvine-v-irvine-njch-1912.

Opinion

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