The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-11-03
The WaltOn-nla thsws Case.
THE DIVORCE SUIT BETWEEN THE LATE MR.. WALTON
AND YOUNG JKFFARDs' MOTHER
sUPHMk UUCKI-SPkClAL TIN.
Before Hon. Judge Sutherland.

SUPREME ooURT-sPEuAL rxRM.
Before Hon. Judge Sutherland
Nov. 2-JoAm Walton ". Ellen n. Wauor.-rhn suk,
which pending at the time Of the murder q ~.
Walton, has now been the subject Of the following
opinion
The plaintiff, BY the complaint, demands Judgment 4
separation from bed ana board forever There IL In thu
complaint no demand for relief generally, or for any
other relief than judgment Of separation from bed and
plaintiff the stated in the complaint not e.
titled 70 the judgment OF separation from bed and board
ss on The % s
her has been such ~ 70 render IL unsafe and i'm.
proper for him longer TO oohabn with her. I SAD
In case OF Auld agaiDst Aud. decided by st Speoh
fern, September 1859, that to authorize decree &
separation for cruel aud inhunan treatment, "ths
proofs should show either actual bodily violence or suo
conduct threats part Of the husband e
might render unsafe for the wife 10 continue TO cohsb
with him. and that the word unsafe a used in tho sta
tute I'D Row Stat 5th Cd 337, ass 64 has res-
renee 70 bodily personal injury violence and physical
health ~ distin guhhed from mental suffer ing q
position Bishop on Mar and biv, section asa 45e whh.
full Va Whisfull bart AT, Mason Va Mason, Edw.
CD s1s me proof % ess.oiish The bodily violence r
husband Is tho complainant when the wife u the
painant Sec Is Of the statutes (3i Rev. STAT 3ssD
particularly "the nature and circumstances Of the oou
Pant' relied on, and "sha set forth times and places
,ns sn eomS Soa1' ,S,s 60, Inc Only sgaoas =;
the relief and the only relief asked for TO wit
Judgment Of separation, thu Ilth and lsth ma
rst mere general allegation u improper conduct %
the part the defendant In the coarse and oppro
brious spithets towards the plaintiff without specifying
them In accusing him Of crime and OF improper intlns
cy with other women ana In giving away TO nts OF raxe
and violent language ordering the plaintiffs friends 70
,s.,e me house the lon mere general sllesasoa
PENDANT and her Charles that "they arc Striving
TO deprive him Of his property, aad TO do him bodily
show ths, the painir had reasonable grounds 70 sp
prehend bodily harm from the defendant or the defea1
ant and her that would be unsafe and improper
for him longer to oohabt with her The statute requires
these facs and circumstances 70 be stated oom
plant With reasonable certainty - 70 times and places
II Is therefore, 70 the demurrer 70 say that
the Code has provided mode for making the complaint
more dennite and certain. II matter Of social sAta
genera provision Of the Code quest,oa (sse
rensrss Of Judge Parker In whisfa Va wnisful Bart
218 IL plain, then, think, that the complaint doas
rot contain fAc suncieut proved 70 authorize TIE
judgment OF separation asked for
But 10 insisted on the part Of the plaintiff that
cedpK the complaint does not contain fActs sufficient 70
authorize the Judgment Of separation yet thai
4 does state facts 70 auihorzs decree Of the nusy Il
such decree in this action The complaint alleges nat Il
the time Of the plaintiffs marriage the defendants shs
married twice; that her husbands were both deaf
The complainant then alleges that The plaintiff, aftr
bis marriage 70 defendant, ". Informed and b.
lieves that u.h Representations we're untrue,
and made TO deceive and invegle the plaintiff
into marriage with her; that married three
times before plaintiffs marriage with bar drss, 70
JerATos secondly Hamilton Morrison lassy 20 oos
Russ. and thai at the time Of plaintiffs marriaes with
Der her second husband Hamilton Morrison, and u
sti living In the State Of Ohio ming THAI thsss a.
hgaiions prtved, would have authorised . decree
declaring the marriage contract with the plaintiff
void, bad the complainant asked for such decree, pr
Tor general other relief either upcn ~ ground
fraud upon The ground thai shc he'd husband living
al the time Of Der marriage 10 the plaintiff yet, tbs
complaint asts for Judgment Of separation saly with
out prayer for the other relief generally the
ton H. whether the fact that the complaint contains
these sst obligations, 70 the cssnd Ants de-
that the complaint does mot contain In fActs SUN
Client 10 Constitute Of action. think not Tho
defendant has not answered but demurrcd. 500
tioa as OF the Cods N Tho rells granted 70 the
plaintiff. there be answer, exoecd that which
he shaii have demanded bis complaint: but In any
other case the Court grAot him any relief consssest
With The male BY The complaint and embraced With
In the ssoc." Suppose should give Judgment for The
plantH this demurrer, with leave for shs defendant
70 answer 10 twenty the defendant should NOT
avail herself u The permission TO answer and should
never put IN answer this section q the code would
APPEAR TO pvohibt the plaintiff from having decree
nuy this complaint because The relief asked for BY
10 limited 10 Judgment OF separation, and I have
shown that be would not be entitled 10 judgment a
separation. because stated the complaint
not sufficient 70 authorize such Judgment IL would ap
pear follow that the defendant must have judgment
on he' demurrer, but the plaintiff may amend his CON
paint IN thirty days, on payment Of costs
Counsel for plaintiff, Mr.. ID. d. f1ed, Tor aeten1ant
Brown, Hall and Nsnderpoei