Warfield v. Warfield
Supreme Court of Arkansas
Appeal from Lee Chancery Court; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. Appellee sued for divorce, alleging wilful desertion. Appellant admitted the desertion, but alleged that it was caused by the adultery of appellee.
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Appeal from Lee Chancery Court; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. Appellee sued for divorce, alleging wilful desertion. Appellant admitted the desertion, but alleged that it was caused by the adultery of appellee. He testified as follows: “My nephew, William Warfield, told me September 14, 1908, that he saw Tom Johnson come out of my house in my absence with his hat off and when asked what he was doing, said: 'Fellow, I have been having a time,’ and proceeded to tell him what he had been doing. I understood from what Lee told me that he had been having intercourse with…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. “According to the matrimonial law of England,” says Lord Penzance, “nothing will justify a man in refusing to receive his wife except the commission of some distinct matrimonial offense, such as adultery or cruelty, upon which the court could found a decree of judicial separation.” Yeatman v. Yeatman, Law Rep. 1 P. & M. 489, 491; 1 Bish. Mar. Div. & Sep. § 1752. As observed by Mr. Bishop: “If this rule of decision was sound in England at a time when judicial separations were allowed only for adultery and cruelty, much more should it be received as such…
2Cases cited1 opinion
- Johnson v. BatesSupreme Court of Arkansas · 1907
3Cited by2 opinions
- Ledwidge v. LedwidgeSupreme Court of Arkansas · 1942
- Davenport v. DavenportSupreme Court of Arkansas · 1943