[377] So required by _Laws_ (1902), II, chap. 364; STOVER, _Code of Civil Proced._ (1902), II, sec. 1774, p. 1863.
[378] It has been decided in Kennedy _v._ Kennedy, 73 _N. Y._, 363, affirming 47 _N. Y. Supr._, 56, that "threats of violence of such a character as to induce a reasonable apprehension of bodily injury, and charges of infidelity, made in bad faith, as auxiliary to and in aggravation of the threatened violence, are sufficient to constitute 'cruel and inhuman treatment.'" _Cf._ STOVER, _Code of Civil Proced._ (1892), II, 1639, 1640, note.
A "groundless and malicious charge against a wife's chastity, and spitting upon her are gross acts of cruelty, and words of menace accompanied by the probability of bodily violence, if they inflict indignity and threaten pain, are sufficient." See Whispell _v._ Whispell, 4 BARB., 217; and _cf._ Lutz _v._ Lutz, 31 _N. Y. St. Rep._, 718; Waltermire _v._ Waltermire, 110 _N. Y._, 183; Uhlmann _v._ Uhlmann, 17 _Abb. N. C._, 236; Mason _v._ Mason, 1 EDW., _Ch._, 278; Perry _v._ Perry, 2 BARB., _Ch._, 311.
[379] STOVER, _Code of Civil Proced._ (1902), II, 1846.
New Jersey, whose early history ran so closely parallel to that of New York, has during the century pursued a policy regarding divorce more liberal than that of the neighboring commonwealth. As so often happens, the act of 1794 confuses the grounds of annulment with those of divorce proper. The court of chancery is authorized to decree "divorces from the bond of matrimony" (1) when the husband and wife are within the prohibited degrees of kinship; (2) for adultery; (3) for "wilful, continued, and obstinate desertion for the term of seven years;" or (4) when either person had a lawful spouse living at the time of the later marriage, although the statute inconsistently declares such unions "invalid from the beginning" and "absolutely void." This last-named provision is still in force.[380] By the law of 1794, moreover, separation from bed and board is sanctioned for "extreme cruelty" in either spouse.[381]
[380] _Gen. Stat. of N. J._ (1896), II, 1267.
[381] Act of Dec. 2, 1794: PATERSON, _Laws of N. J._ (1800), 143, 144.
A new statute appears in 1820. The conditions as to residence are now defined; the court of chancery may grant absolute dissolution of wedlock for the same causes as in 1794; and separation from bed and board is still permitted for extreme cruelty, but now it may be decreed, "forever, or for a limited time."[382] In the revision of the divorce laws approved April 15, 1846, the term of wilful and continued desertion is reduced to five years;[383] in 1857 two years more are lopped off;[384] and finally a statute of 1890 declares a period of two years' such desertion sufficient to constitute a ground of full divorce.[385]