Cate v. Cate
Supreme Court of Arkansas
APPEAL from Clark Circuit Court in Chancery. Rufus D. Hearn, Judge. Appellant filed a bill for a divorce from appellee, his wife, upon the ground of desertion. She filed an answer, denying that she deserted him without cause, and a cross-bill which alleged that he was guilty of such conduct as to render her condition intolerable.
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APPEAL from Clark Circuit Court in Chancery. Rufus D. Hearn, Judge. Appellant filed a bill for a divorce from appellee, his wife, upon the ground of desertion. She filed an answer, denying that she deserted him without cause, and a cross-bill which alleged that he was guilty of such conduct as to render her condition intolerable. The court refused the husband’s prayer for relief, and decreed a divorce upon the wife’s cross-bill, and awarded her alimony and the custody of their three minor children. 1. The appellee was not entitled to divorce, either upon the grounds of cruel and barbarous…
1Opinion of the CourtCocKRILL, C. J.
Divorce — Parties in £ari de* neto. In order to have relief from the bonds 0f matrimony, it is not required that the complaining party be without fault, for the law, having to deal with the weakness of human nature, measures the reciprocal conduct of the married couple by the standard of common experience, rather than by the higher morality of religious duty. But when the parties are in pari delicto — the conduct of each being a constant aggravation to further offense by the other — the courts ought not to interfere at the instance of either. Cruel and barbarous treatment endangering life, or…
2Cited by20 opinions
- Womack v. WomackSupreme Court of Arkansas · 1904
- Kientz v. KientzSupreme Court of Arkansas · 1912
- Young v. YoungSupreme Court of Arkansas · 1944
- Meffert v. MeffertSupreme Court of Arkansas · 1915
- Narisi v. NarisiSupreme Court of Arkansas · 1959
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