Ramsey v. Ramsey

New Jersey Court of Chancery

Ramsey v. Ramsey

131 A. 219, 98 N.J. Eq. 519, 13 Stock. 519, 1925 N.J. Ch. LEXIS 10

DecidedDecember 21, 1925

StatusPublished

This text of 131 A. 219 (Ramsey v. Ramsey) 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

Ramsey v. Ramsey, 131 A. 219, 98 N.J. Eq. 519, 13 Stock. 519, 1925 N.J. Ch. LEXIS 10 (N.J. Ct. App. 1925).

Pincite

Opinion

The wife filed petition for divorce on the ground of desertion. A solicitor was appointed, under the statute, actively to defend, the husband being confined in an insane asylum. Answer denying the desertion was filed, and later an amended answer and counter-claim, alleging adultery by the wife. The wife filed no answer to the counter-claim, and has now obtained voluntary dismissal of her petition.

It is difficult to see that there can be valid prosecution of the counter-claim, which is filed by a guardian ad litem (whose authority is only to defend), and which has an affidavit of non-collusion made, not by the defendant, but by the solicitor.

However, if there can be any validity to further proceedings on the counter-claim, it is obvious that the present situation comes within the spirit of rule 266A, and the cause should proceed as an ex parte suit, if at all. *Page 520

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The wife filed petition for divorce on the ground of desertion. A solicitor was appointed, under the statute, actively to defend, the husband being confined in an insane asylum. Answer denying the desertion was filed, and later an amended answer and counter-claim, alleging adultery by the wife. The wife filed no answer to the counter-claim, and has now obtained voluntary dismissal of her petition.

It is difficult to see that there can be valid prosecution of the counter-claim, which is filed by a guardian ad litem (whose authority is only to defend), and which has an affidavit of non-collusion made, not by the defendant, but by the solicitor.

However, if there can be any validity to further proceedings on the counter-claim, it is obvious that the present situation comes within the spirit of rule 266A, and the cause should proceed as an ex parte suit, if at all. *Page 520

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Bluebook (online)

131 A. 219, 98 N.J. Eq. 519, 13 Stock. 519, 1925 N.J. Ch. LEXIS 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramsey-v-ramsey-njch-1925.