Beauchamp v. Beauchamp
Supreme Court of Oklahoma
Error from District Court, Seminole County; Action by Lizzie C. Beauchamp against Commodore P. Beau-champ for divorce. Judgment for plaintiff, and defendant brings error. Plaintiff in error will be designated as defendant, and defendant in error as plaintiff, in accord with their respective titles in the trial court.
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Error from District Court, Seminole County; Action by Lizzie C. Beauchamp against Commodore P. Beau-champ for divorce. Judgment for plaintiff, and defendant brings error. Plaintiff in error will be designated as defendant, and defendant in error as plaintiff, in accord with their respective titles in the trial court. On January 21, 1910, plaintiff commenced her first action against the defendant in the district court of Oklahoma county for divorce upon the ground of non-support as “gross neglect of .duty,” which the court, on October 16, 1910, denied upon a demurrer to her evidence. On…
1Opinion of the Court
Opinion by
THACKER, C.
(after stating the facts as above). Plaintiff in error will be designated as defendant and defendant in error as plaintiff, in accord with their respective titles in the trial court.
The ninth subdivision of section 4545, St. 1893 (section 4962, Rev. Laws 1910), makes “gross neglect of duty” a ground for divorce. This use of the word “gross” requires that the “neglect of duty” must be so glaring, flagrant, shameful, or monstrous, under all the relevant facts of the case, as to be obvious to the common understanding and inexcusable. Smith v. Smith, 22 Kan. 699; Peabody v.…
2Cases cited3 opinions
- Smith v. SmithSupreme Court of Kansas · 1879
- Peabody v. PeabodyMassachusetts Supreme Judicial Court · 1870
- Lee v. LeeSupreme Court of Oklahoma · 1913
3Cited by6 opinions
- Berry v. BarbourSupreme Court of Oklahoma · 1954
- Reed v. ReedSupreme Court of Oklahoma · 1926
- Morris v. MorrisSupreme Court of Oklahoma · 1928
- Hatchett v. HatchettSupreme Court of Oklahoma · 1923
- Morris v. MorrisSupreme Court of Oklahoma · 1928
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