Legal Opinion

McCoy v. McCoy

West Virginia Supreme Court

Decided April 7, 1914PublishedCited by 9 opinions

Appeal from Circuit Court, Monongalia County. Bill by Marshall W. McCoy against Amanda McCoy. Decree for defendant, and plaintiff appeals.

1Opinion of the Court

POEFENBÁRGBR, JUDGE:

The trial court’s refusal, in this cause, of a decree of divorce a vinculo matrimonii, on the ground of desertion for a period of more than three years, is fully sustained by the record..

No. replication to the defendant’s answer, unqualifiedly denying desertion or abandonment on her part and averring expulsion from her home by the plaintiff, as well as his subsequent consent to her living separate and apart from him and his offer to maintain her elsewhere, was filed, wherefore the answer is taken as true for the purposes of the case and bars the relief prayed for in the…

2Cases cited7 opinions

  1. Snyder v. MartinWest Virginia Supreme Court · 1880
  2. Hall v. HallWest Virginia Supreme Court · 1911
  3. Lewis v. WilsonSupreme Court of the United States · 1894
  4. Bierne v. RayWest Virginia Supreme Court · 1893
  5. Savage v. BlanchardMassachusetts Supreme Judicial Court · 1889

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Butler v. Smith's Transfer Corp.West Virginia Supreme Court · 1962
  2. Montgomery v. MontgomeryWest Virginia Supreme Court · 1962
  3. Beaumont v. BeaumontWest Virginia Supreme Court · 1929
  4. Arrington v. ArringtonSupreme Court of Virginia · 1954
  5. Deer v. DeerWashington Supreme Court · 1947

4 more not listed; retrieve them via the Exa API.

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