Legal Opinion

Wilson v. Wilson

Supreme Court of Arkansas

Decided March 19, 1917PublishedCited by 9 opinions

Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. The finding that appellee was a habitual drunkard is sustained by the evidence, but the court erred in its finding as to the misconduct of appellant. 9 Ark. 517; 18 Id. 327; 33 Id. 161; 34 Id. 43; 38 Id. 119; 44 Id. 434; 76 Id. 28; 115 Id. 32. 2. Profanity and abusive language are not legal grounds of divorce, where the life is not impaired nor condition rendered intolerable. 104 Ark. 381, 384-6. 3.…

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Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. The finding that appellee was a habitual drunkard is sustained by the evidence, but the court erred in its finding as to the misconduct of appellant. 9 Ark. 517; 18 Id. 327; 33 Id. 161; 34 Id. 43; 38 Id. 119; 44 Id. 434; 76 Id. 28; 115 Id. 32. 2. Profanity and abusive language are not legal grounds of divorce, where the life is not impaired nor condition rendered intolerable. 104 Ark. 381, 384-6. 3. Habitual drunkenness was proven. 103 Ark. 382-4. 1. Appellant failed to prove habitual drunkenness. 103 Ark. 382; 86 Id. 364.…

1Opinion of the CourtHart, J.

Sallie Wilson instituted an action for divorce against her husband, W. W. Wilson, on the ground that he had been addicted to habitual drunkenness for the period of one year before the bringing of the action.

The record shows that the husband filed an answer to the complaint, but it does not contain the answer itself. The record also shows that the parties were given time within which to take depositions.

Upon final hearing of the case, the chancellor found that the testimony of the plaintiff’s witnesses established the fact that her husband had been addicted to habitual drunkenness for the…

2Cases cited3 opinions

  1. Malone v. MaloneSupreme Court of Arkansas · 1905
  2. Healy v. HealySupreme Court of Arkansas · 1905
  3. O'Kane v. O'KaneSupreme Court of Arkansas · 1912

3Cited by9 opinions

  1. Pratt v. DalyArizona Supreme Court · 1940
  2. Young v. YoungSupreme Court of Arkansas · 1944
  3. Narisi v. NarisiSupreme Court of Arkansas · 1959
  4. Widders v. WiddersSupreme Court of Arkansas · 1944
  5. Evans v. EvansSupreme Court of Arkansas · 1951

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