Boger v. Boger
West Virginia Supreme Court
Certified Questions from Circuit Court, Wood County. Bill by Cyrus M. Boger against Bertha M. Boger for divorce from tile bonds of matrimony filed'more than 2 years after a decree of divorce from bed and board on a bill'filed by defendant. Demurrer to bill sustained, and questions certified.
1Opinion of the Court
POBEENBARGER, JüDGE :
Having sustained a demurrer to a bill for divorce, from the bonds of matrimony, filed by a husband, more than two years after the entry of a decree of divorce from bed and board, on a bill filed by the wife, the circuit court has certified the question of the sufficiency of the husband’s bill.
It is based upon the theory of a desertion or abandonment of the husband by the wife, after the procurement of the divorce a mensa et thoro, evidenced by her indifferent and offensive treatment of him. He has paid the alimony decreed against him and permitted her to reside with their…
2Cases cited2 opinions
- State v. HardenWest Virginia Supreme Court · 1907
- Grant v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1909
3Cited by23 opinions
- State ex rel. Cecil v. KnappWest Virginia Supreme Court · 1958
- State ex rel. Hammond v. WorrellWest Virginia Supreme Court · 1958
- Slavinsky v. SlavinskyMassachusetts Supreme Judicial Court · 1934
- Williams v. WilliamsArizona Supreme Court · 1928
- Nield v. NieldWest Virginia Supreme Court · 1944
18 more not listed; retrieve them via the Exa API.