New York Court of Appeals

Elizabeth Davis, Respondent v. George B. Davis, Appellant

November 12, 187875 N.Y. 221

Summary

The New York Court of Appeals reversed the lower court, holding that in a limited divorce action where the court denied a decree of separation, it lacks statutory authority to award custody of the children or order maintenance from the husband; such relief is limited to cases where separation is granted or a cause for divorce is established.