Paterson v. Paterson

Alimony pending the suit, and money to defray the expenses of it, allowed, on a bill by the wife against the husband for support and maintenance, charging that he had abandoned her and refused to maintain and provide for her.

Bill by the wife against the husband, for support and maintenance, on the ground that the husband had abandoned her and refused to maintain and provide for her. The bill stated the pecuniary circumstances of the husband, and the amount of his daily earnings; and prayed also for alimony pending the suit, and money to carry on the suit. The bill states, that the defendant is earning, by his labor, from $1 87j¡ to $2 a day-; that he has from $700 to $900 in a savings bank in New-York: that he sold his household goods worth $300 ; and owns a house and lot in Newark, which would rent for $125 a year. That at one time he agreed to give the complainant $500 for her support; but that, shortly after, he refused to give her any thing, or provide for her in any way, and confessed a judgment to one Lewis, for the purpose, as she believes, of covering his real estate. That, shortly after confessing the said judgment, he told her he now had his property so fixed that she could get nothing from him, and that he never would pay a cent towards her support, unless compelled by law to do so. The application for intermediate alimony and money to defray the expenses of the suit was heard on motion. Affidavits were read on the part of the complainant, in support of the application. The affidavit of the defendant was read in opposition, stating that he was compelled to break up house-keéping by the conduct of his wife, in removing, from time to time, and secreting in some private place in Newark, the beds and bedding and other articles of furniture, without his knowledge; and that he, immediately after, provided board for the complainant, in Mulberry street, Newark, where she boarded at his expense for ten or twelve days; and that, immediately after, he provided per•manent board for:her in Market street, Newark, suitable to his circumstances ; ¡to which place she removed ; and that he intended permanently to .board her there. That without his knowledge or,consent, she left this place in two days, and went to her.nephew’s in New-York, ,and remained there against his •wish and consent. That from there she went to live .with one of her relations in Milton, Essex county, New-Jersey, where .she remained for six weeks or .two months, still without his consent. That she left his bed and board without his consent, and so continued, -although he .was willing and did provide board for her, suitable to his and her circumstances. That he has real estate in Newark, worth about $1000, subject to a .judgment for $650. That he has in the savings bank of New-York about $600; but that he has no command of, or means of getting it, in consequence of the complainant’s having secretly taken-ihe deposit book. That he receives $1 75 a day for his labor.