The New York herald., 1869-02-20
SUPREME couaT-cHAMDERs.
The Warren Divorce Case-Queer Allegations
ard Alimony.
Before Judge Cardozo.

The warren Divorce Case-(lueer Allegations
ard -AIimony.
Before Judge Cardozo.
John oscar Warren rs. Emily s. y. Wdrren--
The plaintiff brings this action for divorce from the
defendant his wife, on the ground OF her alleged
adultery, committed at certain house OF Ill repute
In this city, between the months OF January and Oc-
tober, 1868. 1t appears that the parties separated
year ago, and this action was commenced shortly
afterwards The case came before this court to-day
on motion for alimony and counsel fee. The de-
fendant also asks that the court direct back aimony
to be paid her from the time Of the commencement
OF the suit and alleges that during that time she has
maintained herself and child five years old from her
own earnings: that the expense OF said maintenance
has been from twenty five to thirty dollars per week;
that she has never been guilty OF any act or
acts Of adultery, as charged; that the plain
tin, her husband, is possessed of property
come amounts to $1,000 yearly. she also sets up
counter charges OF adultery against the plaintiff
WIN Two women named respectively Kate jackson
ments and says he is not worth any property what.
ever and that instead Of being in receipt Of yearly
to the iron foundry business In Ohio also thht shortly
after his marriage to defendant his father gave him
sumcient sum OF money 70 establish MIN tthe plaintif
continue such business IN consequence OF the extra
vagance Of his vile the defendant; that defendant
entered the house OF III .ae IN question, and that
the money with which she claims to have supported
sna cao sa was gan by & ne ~ In such c
her and placed IN custody Of some asylum or insti-
tuition for Juveniles.
The Ward Divorce Casc-The Power Of the
Court to Issue n Preccpf.
John A. Ward o.. Charlotte A. WdyJ.-This is
the celebrated divorce case in which number OF,
eminent artists are more or less involved. and was
argued some days since on an application TO compel
the payment Of amony and counsel fee Judge
Cardozo has rendered the following opinion on the
motion:-
Ihave not any doubt Of the power TO Issue pre-
cept; but the question OF party's means, when
tried on anaavits, y always very unsatislactory,
have concluded TO stay plaintiffs proceedings In
this action except as hereafter mentioned. and TO
he pay $3.50 on account OF the counsel fee. and the
like sum on account OF the allmony heretofore
time the for preceps re may over and
Q reference be taken to A. J. Smith, tn ascertain
the means OF the plaintiff, and upon the coming IN
OF the report Will make such order either for the
modification OF the previous order or the enforce
ment OF II, as NAV be proper. Except TO prosecute
such reference the plaintiffs proceedings viii be
stayed meantime.
Decisions Rendered.
Smith ct al. rs. pope.-Moton granted on payment
OF IS costs.
Poriee et al. rs. Srouss.-Motion denied. without
costs, with leave TO renew on proper papers,
DaM Us. Salem et dl.-Motion granted; 81 costs TO
abide event. Defendant to stpulate not 10 sue. &c.
Noah rs. Manhattan C0-0pe,afire Reiier Ass0ctQ-
tfon.-Form OF order settled, &c.
Leringer rs. Leriager.-Motion denied.
Weeks rs. Weeks-Motion granted on payment to
plaintiffs attorney OF seventy-hve dollars.
Isaac c. Pray rs. Henry ~. Palmer, Gc.-M0tion
granted; flve dollars costs 10 abide event.
PIKE et al. rs Craus 81 etdL-Moton granted unless
plaintiffs pay seven dollars cost, and stipuate 10
tice for next circuit and try when reached.
Ctahta ct al. u.s. Mdndel n dt.-Motion denied with
ont costs
Miller RS. H,acnfns.--Motion granted on payment
OF i've dollars costs, and cause be put on Friday
calendar for second Friday OF March
Jaqttes Us. Thiers.-Motion denied; five dollars
costs to abide event.
Deinsupe ~. DunscoDbe ct di.--Motion denied.
Sarah /. Bi0ufsf rs. Ddrid. r. Bt0nnf.-Motion de-
nicd.
Botz et al. us. Cdrringfon.-Up plaintiffs giving
bond with sureties, kc., within I'VE davs 10 nav any
sum reported due 10 Mr.. Bowman, substitution will
be ordered and reference ordered, &C.
Kelley rs. Seneca Reservation on Company Ell al
Default opened on payment OF ten dollars and
stipulating TO try both oascs before reference &c.
Henry Carroxe rs. John r. McKn,olt.--MoiIon do
MED, without costs and without leave 10 renew If
any other defence can be shown.
wilson et ~. ~. Nesier ef dt.-Order granted
Arfu r. Sstifea y. Ed,rd,u W. ssilfe1i.-Applica-
tion refused. The testimony In wholly insufficient
IN lie Mater or Louisa q. Woods. an Habifudl
Earqufer -. Bourgdde.--Moton granted, &C.
Esner az. Mier IT ni.--Attachment vacated with.
out costs. upon defendant stipulating not TO bring
suit by reason OF irs service their property
Czdfin "a al rs. Digoa.-Motion granted.