New-York tribune., 1879-11-29
THE COURTS.
CRUEL AND INHUMAN TREATMENT
AN OPINION BY JUDGE sEDGwICK IN THE PAIsLE,


DIVORCE SUIT.
The opinion of Judge Sedgwick. handed
down yesterday in the Superior Court Special Term on
the denial OF motion for aimony IN the divorce suit OF
Hannah L. Paisley nst John Paisley. brought on the
ground OF cruel and inhuman treatment presents sew
cral interesting features. The decision based upon
the proposition that the facts stated In the complaint
If true. sufficient to constitute cause OF ac-
ton. The complaint states that previous TO 1868 the
defendant had been guilty OF acts OF cruelty which
would have entitled the plaintiff to judgment OF separa
on against the defendant In June 1868, she began an
acon for partial divorce hut at the defendants sOci
aton she discontinued it, and In November. 1866, they
began TO 1--we together again husband and Wife, The
complaint goes to that In June 1867 the de-
fendant accused plaintiff both plaintiff and TO other
persons. OF having killed their Willie who died in
June, 1868" In November 1872. the defendant denied
that he the father of their child Myra In August
1876, the defendant made false and wicked charges
against the plaintiff. and "on such wicked and false
pretence left plaintiff and has since refused
with her excepting through counsel In Feb
ay @n1 March, & the her % sm s%y vs ne n
In April. 1877. the defendant with wantonness and
cruelty" began action Tor absolute divorce against
the plaintiff The complaint says that the charges were
false that the ndant called Witnesses whoas plain
tin has been informed and believes were suborned
thereto by the defendant" ana who by absolutely
false testimony endravored TO sustain the charges
against the PLAINTIFF The jury dl'agreed and the ac-
ton discontinued. Judge sedgwick In his opinion
says:
." am Of opinion that the alleged suhOrnatlon OF per-
jury aud the bringing and trial Oi the action for divorce
do not constitute cruel aud nhunan treatment within
the Ii would he impossible TO make the act OF
resorting To courts of justice cruel inhuman act
however l-Ouudcd the action may have been, and the
suhomatiOn OF itsct has effect upon the per-
against whom the injustice IL contemplated I.
The other acts or charges since june 1893, beyond
donbi do not constitute cruel and inhuman treatment
Tne' were not continuous. Although false and wnnton.
they occasional The complaint does not show
mat tney resulted In bodly injury Of any kind, 10
any extent, produced Dv meals. II the result be
mental criug pure ana simple. without bodily injury
beng caused by the mental suffering, there Is no
authority cor thus action ! I'M further OF thc
opinion thai The acts since June, 1868, do moi show
tuat The Implied condition Ol the coudOnatiOn OF the
aols rror 10 June, 1868. Las been broken by the
defendant This cpLiOI ls based upOn tnc whole case
dscl". ga nv tne complaint IL is not the cause o her
rcsortifg 10 this position immediately upOn the new
alleged acts of cruelty Buf She lived after thcIn
Ia fear iahuman treatment. until lie
masses charge, which he follows by suit He con-
tnuiua with defendant after ard between tHc new ac-
cu-aions ldsr the circIn- stances Is cOudOnaiion oil
new acts mat are alleged 10 be crIel ana inhInan
tTrafnirut
For he declared Ia this d'cision, Judge sedg
WICK Granted motion q dismiss the complaint. Nor
wood 4 Cogcfshsil appeared FOR lie pldutn; l. J..
SttNaIt .0t The defendant.