Hyperlawhypertext legal database De Rose v. De Rose 1 Hopk. Ch. 100

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De Rose v. De Rose

1 Hopk. Ch. 100 Court N.Y. Ch. Decision date 1824-03-23 English

Contents

Majority

p. 100
De Rose v. De Rose.
1824. March 23.

Headnote

So cost§ are allowed by the husband against the wife, upon divprce for adultery, unless she have separate property. But in the converse ease, costs are allowed.
Bile for divorce, by husband against wife, fpr adultery, and a decree of divorce-.

No costs are allowed in this case. In the converse case of a bill by the wife, against the husband, costs may be allowed. But where the wife is defendant, she is presumed to be left destitute of means to pay costs ; and it seems cruel to give them against her, though the offending party. If it appeared that she had separate property, the case might be different.