This section contains the nature of the case and procedural background.

H and W were married in 1800. W wanted a divorce on grounds of intolerable severity of treatment. Adultery was the only grounds for divorce under New York law. W went to Vermont and sought a divorce. By a statute of the 28th of February 1797, Vermont could grant bills of divorce, for several enumerated causes, among which is intolerable severity and to allow alimony. H defended against W's Vermont divorce action. W got her judgment of divorce and a decree for alimony. W then brought this action in New York to recover her alimony. H consented to the verdict subject to the court’s opinion in the matter.

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