New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-08-02
LAW INTELLIGENCE.

COURrOr COMMON PLEAssPEci,L rESN-Betrs Judge DAILY
Motion to vscate decree 10 divorce, and for allowance
for counsel Tee and maintenance.
John ". Mead .g. Anns Maria Mead
Plaintiff obtained decree OF divorce sgsnst defendant
on the ground of nfdey. She ill., asking that
the default may be opened The motion was opposed asd
Argument presented The defendant young red checked
woman, was in Court She states IN her affidavit that
-he the wife by lawful marriage Of the plaintiff except
she be legally divorced by the proceedings which have
been taken in regard her She says TIA. on stu July "A
,he is informed udgmen; entered and docketed by
which her sad husband obtained decree Of divorce and
dissolution o the marriage contract between them on the
ground Of alleged nhtehty which Judgment has been an
tered not only by default but without service OF sum
written notice Of description on her and
without her knowledge II stated In the proceedings
that summons had personally been served up m her bat
this was not the and she had knowledge of the
enctmen of the suit against her till after the entry
of the Judgment except from mere rumor follows On
9Th May last gentleman and stranger 10 her. came her
residence in ammersey st. and asked her whether she
"a. Mrs Mead She answered in the Affirmative add he
asked further questions whether she was the wife Of
W VI and being replied 20 in the Affirmative he said
her husband WAS gong 10 sue her for divorce that he
then bad asummons or paper IN his hat pocket she
d. ~ not ecelect which, she considerably excited
81 the time that she then asked % the summons or
paper to which the gentleman replied, 10 substance that
his lnstru tons nom Dir Meads counsel thsn
serve II that the gentleman then left without either show
serving or leaving any paper with her that she he I'd
nothing further about the suit t about weeks there.
after when another gentleman, stranger Allied on her,
representing himself ~ scounclora law aud told her her
husband Was prosecuting her tor a divorce and talked
ebeut otirdg her. u wh she replied that her hush and
Tad ground for divorce did shs know that hs vas
prosecuting her. thai she thereupnn asked the gentleman
"a leave his same but be left with giving his name or
residence Deponent says that during this interview she
1aS considerably frightened and confused thinking that
her husband might be suing Tor divorces but that After
the gentleman le on conYersDg with her friends about
the sitter 'he advised and believed that there would
be 10 suh su sganst her Tor the that papers
I'D ever been served upon her
She also That The said alleged charges Of inadeIty
are sheer fabrication, and ia every particular wholly and
totally false ana uDou ded that a0y evidences ohrg.
ing her With such inddety he npeaohed and dscrads
hed and satisfactorily explained thar the only ground VI
suspicion thrown around ber II any her chastity and
character has been brought ABOUT her by ths general
duct and treatment toward her Of her said and that
IA sil she detected her husband Improperly ated
90 party which caused trouble bstWesn and har
said husband after which time they never lived h.poiy
She has bee informed and believes so charges that
h. has been guilty OF inhdey that they separated about
l. months ago, since Viii time she has been Obliged 10
live alone IN meager support from her husband and
without protection and thus surrounded by ,picon and
which has led 10 insult OF an almost objectionable and ire
treysble character.
Deponeni ssys that the conduct Of her husband by tho
separation has largely contributed, it not mainly 10 the
sus ons against her character that he has often tor tho
pmpose Oi annoying not njufng her 10 the time,
fter The d O,rd 10 her house and crawed
ir' ugh our window, aud in that way effected al en-
trance % her ana this being Observed by her n. gh
oors and they not knowing Il was her husband she has
been injured and suffered IN character
She says shs has good and substantial defense 10 the
rut tor nhdety, which has been brought against hsr
She asks that the decree Of divorce which na, been entered
against her by default be bet aside and she be- permitted
come in and defend the suit and allowed darngs ITS
endeIcy sufficient 10 maintain her and for counsel fee
nat her said husband worth - 600 mostly ia back aud
c'ng busDes which nets hn $4,000 year and has no
one 10 take care Of but bins and their two children that
makes no provision for deponent does he provide
row fo her board and clothing and the Of
life, and she has no means Of her own tor support
On the part Of plaintiff he denied the charges or that he
is orth the amount stated.
The Court AIDE order that the default be set aside
ana the tsd Anna Maria permitted 10 in aud defend
'he su Nth reference T. take testimony the means
Of plaintiff, the referee TO report what ia his opinion,
be proper allowance for aImOny and for counsel