The evening world. Newspaper, December 15, 1921, Page 23

CAUSE FOR DIVORCE = HELD AS “CRUELTY” TN SEPARATION SUIT Seiteneitiins: Appeals Court Rules Lesser | Decree May Be Asked if Offense Is “Notorious.” A sweeping decision of import to} Many who may have cause for divorce | but who have refused to consider It, ‘ind who at the same time would have desired a separation, was handed down yesterday by the Court of Appeals, in| reversing a decision of the Appellate | Division, First Department. | The opinion was in the case of ‘Thekla. Hofmann of No. 600 West| 144th Street, a singer at the Metropoli- | tan Opera House, against Louis B. F.} Hofmann, silk manufacturer, of. No. | 25 Madison Avenue. | Mrs. Hofmann brought statutory charges and instead of asking for a divorce. sought merely a separation, ‘No other cause of action was alleged | and no other relief was sought. Mr. and Mrs. Hofmann had lived apart soveral years, Their two chil- aren lived with their mother. In No- vember, 1919, Mrs. Hofmann received, im the mall the certifiel copy of a decree of divorce hey busband bad ebtained in Pennsylvania, The suit had been prosecuted without her knowledge ‘or convent and without Personal service cf summons upon her. Mr. Hofmann then married again, made public the fact of his divorce @nd remarriage and invited his chil- @ren to meet and affillate with hie | second wife. Mrs. Hofmann in her petition for a | separation charged that tnese ac! of her husband had ««casioned acu’ mental suffering and distress to ho and constituted the and inhuman tre conduct alleged The Court €ision yesterd. notoriou round of crueity ment and improper Appeals in its de-| holds that open and| of a husband may | amount suffering and dis- tress of the yhich will entitle | her to a judgment of separation. stresses the fact that not limited to bodily nd hardship, but includes vhich might affect the other ly so as ultimately to injure health. The A te Division of the Su- rt, reversing an order of rm, held that adultery and are distinct and independent leading to different issues | rees. That a complaint which | ts which constitute a cause mn for divorce on the grounds | ands jud ely, cannot be Gustained, for the reason that the charge of adultery overbears and de- stroys the effect of the charge of cruelty and the remedy for the latter | charg: merged jn t emedy for : AAI “The practical question p ed for our consideration is whether the element of adultery sct forth in the complaint e the plaintiff to re- g@ort to the medy of divorce or) whether the right to such relief may be waived and a separation for cruelty decreed. “Plaintyf says in substance, and defendant by demurrer admits, that defendant lives in open adultery with another woman; that he falsely says that plaintiff is the wife he has di- yorced for her misconduct and that the other woman ts his lawful wife. “Such conduct on the part of de- fendant may amount to slow and con- | tinuous mental torture, more crue? and lasting than mere blows or abuse. Because 't includes adultery It does | not exclude cruelty. Difficulties in| the way >f proof, religious teachings | on the binding tie of marriage or per- | sonal inclination may lead one to hoor mand for a divorce and ik for &separation merely. “Publis policy calls for no rule that ee who Is entitled to a divorce must eek it. Therein the wronged ono is the sole judge. It is not for the guilty Party to dictate to her what relief she shall ask. taking advantage of his own more grievous wrong to excul- pate himself from the lesser offense.” Franklin Taylor, County Judge- elect, representing Mrs. Hofmann has interpreted the decision in the follow- ing meneral terms: { The crux of the act ts twofold, the |}: act of adultery, plus communication thereof to the Innocent party, by or at the instance of the gullty party. In other words, the guilty party must likewise be responsible for bringing | home to the innocent party knowledge | of the offense, Responsibility for communication of such knowledge | may be predicated upon the open And notorious conditions attending || the commission of the act. Limited quantity. Values up to $60.00..... wide ranse of patterns; Among, these are some Oxf, 7.69 up to $45.0 The latest creations from W. assortmen* of beautiful Limited quantity. Values up to $ A splendid quality rug at a ye plete line of popular patter Values up tu $75.00 ‘and colorings, Exceptional bargains, left, Values up to $125. 00. An? Bay Saturday Only, 10 Days More TO BUY YOUR XMAS RUG 9x12 Seamless Axminster $DQ.24 5 8 eee 9x12 Imperial Axminster Phe most remarkable rug offer ever made. slight 9x12 Seamless Velvet & J. Sloane in an ‘sate 9x12 Seamless Wilton Velvet ‘Wonder Valu: 9x12 French Worsted Wilton Very heavy thigh grade rug, in Oriental pattems Only a, few Prepaid Mail Orders Promptly Filled A Senall Dopdsie Will Secure Any Rug for tha Holidays SAVOY RUG MILLS 15-17 East 30th St. East of Fifth Avenue Special Value Heavy Velvet Carpet imperfec Moris: Sind 6x8. Valnes $94.54 $49.94 $39.54 and 45.00... colors, low price. Com- and colorings. $6'7:74 ‘Open Daily Untit lor, Me ) Yo No Waiti it Kx FULI Royal diam white, perfect grade Brooches, Pearls, ‘atches, Lavallieres, etc. America’s most complete Pay_Next Year ur Christmas No Delay Bare sau selection—pay a down: YEAR TO PAY THE BALANCE. ing AKE onds are blue cut. Highest stock. SATISFACTION GUARANTEED. peed ee calls. See our advertisements in é]| Cosmopolitan, Red Book, » Hearst's, in fact, all of Amer- ca’s leading magazines. Open Evenings Until’ A Mail orders everywhere ,ROYAL DIAMOND X& WATCH Co | 35 Maiden Lane. 6th FloorTel John 243 === BROOKLY N= collars and cuffs EXCEPTIONAL FUR OFFERING TOMORROW OPPENHEIM.GLLINS & G FULION S'REKI—BRUOKLY N Special for Tomorrow Bay Seal Coats Richly Skunk Trimmed Values to 225.00 165.00 Exclusively modeled Coats of superior quality Bay Seal; 40 in. long; with generous of rich Natural Skunk representing our regular high grade stock. Fur Department—2nd Floor A Sale of New Satin Breakfast Coats, $7.48 WO very attractive models are included at this price (one is pictured). They are made of lovely two- tone satin—tones of orchid, maize, rose or Copenhagen blue and their combinations in shot effect. The other model has the deep flounce in the skirt and the frill about neck and sleeves. Sizes 34 to 42. Nothing could be lovelier than one of these as a Christ- mas gift to sister or friend. A. & S—Merzanine, Central. | Store Hours: 9 te 6 on Fulton Street. Introducing Three New Models in a Great Sale of “Queen Make” House Dresses, $1.98 HIS Sale has a double interest just at this time, for many women give House Dres: mas gifts—and of course every one knows the supe- riority of all “Queen Make” There are three models included— are pictured one is of colored Chambray in waistline style, with self collars and cuffs. trimmed with folds of white This style in blue, gray or lavender, The second model is of striped Gingham, with white collar and. striped sash. pique. lavender. Striped Gingham House Dresses in loose straight- line st. yle, i in blue or lavender with white collar. This is a most exceptionally low price—and all sizes are represented in each model—sizes 34 lo 46. Bouffant Skirts Indicate Youth in Christmas Dancing Frocks $29.95 HE A. ia tion. & 5. Shop for Girls and Misses makes this very rial offering for the gay night of the holiday vaca- Dainty dresses fashioned of Radium Taffeta, in quaint styles, with tight little basques and full skirts—and in the very most wanted shades—Jade, turquoise, coral, American Beauty, rose, orchid, melon, peach, etc. Sizes 14 to 18 years. + Dishes for the Kiddies VERY kiddie’s heart leaps with joy on seeing this colection in the A. & S. China Shop. They mi \e ideal gifts at Christmas time. Attractive and serviceable cream-colored ware, with brown and green bands, elab- orated with chicks and bun- Also white porcelain, with nursery rhymes and pic- tures of Little Miss Muffet, Little Jack Horner, Little Boy Blue and Mary's Lamb. CREAM-COLORED DISHES— Plates, 49¢ each. Cups and Saucers, 89¢ Mugs, 49c. Egg Cups, 49¢ and 59¢. Bread and Milk Sets, $1.89 set. Nursery Plates, for the high chair, 79¢ and 89c. JACK HORNER Plates, 18¢ and 23c. Cups and Saucers, 38¢. Cereal Dishes, 15¢ und 29¢. bee Cups, 21¢ and 39. ursery Plates, 69¢. B BOY BLUE 5, 49c. Cups and Saucers, 65¢. Mugs, 55c. Milk Pitchers, 59¢. with A, B, nies. Nursery Plates, $1.10. | A & Be tutrmay Moar, Central. Cs, « A. & 5.—Second fioor, Central. A Sale of Housewares Selected for Gift-making and Specially Priced Gu in housewares, are more practical and more appreciated than anything you could give—gifts that will last throughout the year and lighten labor every day. These gift suggestions are specially-priced and represent a considerable saving on every item. CAST ALUMINUM TEA KETTLES, $3.95 Reduced from $4.75 Colonial design and highly pol- ished, with large flat bottom, ebonized wooden handle and swinging cover. 4-quart capacity. MAHOGANY-FINISHED NUT BOWLS, 98c AND $1.65 Nicely finished in rich mabogany. Set consists of bowl, six nickel- plated picks and cracker CRUMB SWEEPERS, $2.98 Ensily operated and highly nickel plated. ies a a aE BRAHAM» ST STRAUS inc. Save Time and Money By Shopping at A. & S. LOW PRICES, because the store is outside the high rental zone and owns its opel bought years ago at low cost. IRISTMAS STOCKS splendidly maintained with new, fresh merchandise. Quickened service for easy shopping. READILY ACCESSIBLE from all the five boroughs. Take the B. R. T. SUBWAY to De Kalb Avenue, pending completion of Lawrence Street Station. Or INTERBOROUGH SUBWAY to Hoyt Street, with direct entrance to the store from the station, and the A. & S. Crossway, which avoids the surface traffic as Christ- dresses, Brown, blue. and A. & S.—Second floor, Fast. Men’s and Young { Men’s Cloth Hats 2 BIOS. 3. Reduced from $3.50 VERY fellow needs one or two of ° fine hats— they are just the thing for sport wear throughout the ranter or on the motor trip. Fashioned of the best imported and domestic cloths, stitched and craverjetted.; Made well, insur- oy, tong; faithful service. ye a Ae titregt floor tart, street, ——_——* New silk ‘Foulards $2.68 Yard BRAND new shipment, with the latest note on the new 1922 designs in silk foulards: These newest silks are exclusive in Brooklyn with the A. & 5. Silk Shop! There is a wide array of pat terns, on grounds of black, navy, brown, tan, Copenhagen and white, and the fabric is 40 in wide. Other new spring foulards are priced at $3.24 and $3.48 a yard. A. & S-Btrest floor, Weat. | “UNIVERSAL” ELECTRIC | IRONS, $5.95 | , Reduced from $7.50 Fach iron wrapped in an at tractive box covered with holly aper and tied with red silk ribbon, Weight 6 pounds PYREX CASSEROLES, $2.48 nd finished in a 1 design, Fitted rt and metal side “BI STANDARD ' CARPE PERS, $3.95 Reduced from $4.48 Equipped with revolving brush that can be removed, rubber-tired | wheels, japanned trimmings and finished in mahogany Telephone Main 6100 From France! P Wee Girls’ Silk Frocks, $7.48 . OU know the delicious ak of imported © ‘Cate de Chine—these little dresses are fashioned- ight of it and cunning- - iped in contrasting color kA dainty smocking at the~ shoulders. + Nattier blue with jade— pink with rose—navy blue -- with white—or rose with «lf black. Sizes 2 to 5 years. From England! ‘ Corded white Mull, dresses . with hand-smocked front and back in pretty shades of blue, rose or tan. Hand-stitching>.|}, on collar and cuffs. Sizes: 2, to 6 years. $5.95. t A. & 8 —Becond Moor, Bast Every Wanted Style of ©} Umbrellas for Gift Giving - MBRELLAS for men and for women—practical um: brellas, novel umbrellas, ultra smart umbrellas—and ° widely varied in price—a selection in the A. & S. Ume.- ° MEN’S UMBRELLAS, $4.98 to $30.00 Including those with silver bands and caps, and ivory hai i dles with gold caps and bands, and snakewood, plain or sil». ver trinimed, China and Glassware on | Gift-Suggestion Tables TABLE No. 1—-$2.98 to $4.98 | TABLE No. 3—$6.98 to Lath Hand-painted Cake Sets. | ha Bora wud 7-Piece Berry Sets. 7-Plece Galery Sets. | Cut Glass Fruit Bowls. Gold Decorated Fruit | Hand-Painted Vases. Bowls and many others. Peciae Pewee lubed ur TABLE No. 2--$4.98 to $6.98 | Table No. 4—$9.98 to $14: Pottery Vases. Tea Sets. Hand-Painted Sugar and Cut Glass Flower Vases. Cream Sets. Fruit Compotes. Chocolate Sets. | Candy Jars. ‘ea Sets, and others. | Fruit Bowls, and others. o ° Hold a High Place On the Christmas List . F you wish to ive a gift that is more ite ordi narily lovely, that carries/* a distinction of its own—se-‘7% lect for her a pair of the beau-54 tiful “REYNIER” a | For if she already ws MIGH-GRADE ALUMINUM PERCOLATORS, $3.98 Reduced from $4.95 Welded spout and improved pump, which — percolates tly with cold water, them she will appreciate your) = excellent taste, and she* does not their finesness wil delight her. “Reynier” gloves are made'= of the Yfinest ‘rench kidskin, soft and plial . Each pair is exquisitely fashioned ite gare makers in Grenoble, , who are artists in\s] their trade. And each pair "=| has a distinct air of its own,” procl: among ae an aa all the BAMBOO & RAP BARK ETS cluded in “Reynier” cols lection of styles. The pi range is Formerly $1.49 and $1.75 eatly made from narrow se bamboo and attractively inished in mahogany: A. & Bthubway floor, Mam, $3.50 to $9.00 Pair | |