Legal Opinion

Dunn v. Dunn

Supreme Court of Arkansas

Decided October 26, 1914PublishedCited by 6 opinions

Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; The complaint states a mere conclusion of the plaintiff, without any facts to justify that conclusion, and is not 'sufficient to justify the granting of a divorce. 105 Ark. 194. The testimony fails to cure the insufficiency of the complaint.

1Opinion of the CourtHart, J.

Bessie Stark Dunn instituted an .action for divorce against A. V. Dunn and based -her -cause of action upon tbe fifth -subdivision of section 2672 of Kirby’s Digest. The charge against her husband is alleged in the complaint as follows:

“T-hat notwithstanding the -defendant was -continuously and habitually finding fault and treated her with such reproach and contempt, indifference, studied neglect, so systematically that he has rendered their living together intolerable.”

The testimony in the case is as follows:

Bessie Stark Dunn testified: “I was married to the defendant in Jefferson County,…

2Cases cited2 opinions

  1. Brown v. BrownSupreme Court of Arkansas · 1881
  2. Bell v. BellSupreme Court of Arkansas · 1912

3Cited by6 opinions

  1. Arnold v. ArnoldSupreme Court of Arkansas · 1914
  2. Walldren v. WalldrenSupreme Court of Arkansas · 1933
  3. Settles v. SettlesSupreme Court of Arkansas · 1946
  4. Reed v. ReedSupreme Court of Arkansas · 1964
  5. Smith v. SmithSupreme Court of Arkansas · 1949

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