Mathy v. Mathy
Supreme Court of Arkansas
Appeal from Garland Chancery Court; Alphonso Curl, Chancellor; 1. If the evidence as to appellant’s alleged trespasses against the marriage vow was all true, it was condoned by the appellee’s voluntarily cohabitating with him, after she knew of the offenses, when she could find no other to please her better; and there is no proof of subsequent guilt on his part. 87 Ark. 175. 2. Five years having elapsed after she discovered the offenses before she brought suit, she is…
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Appeal from Garland Chancery Court; Alphonso Curl, Chancellor; 1. If the evidence as to appellant’s alleged trespasses against the marriage vow was all true, it was condoned by the appellee’s voluntarily cohabitating with him, after she knew of the offenses, when she could find no other to please her better; and there is no proof of subsequent guilt on his part. 87 Ark. 175. 2. Five years having elapsed after she discovered the offenses before she brought suit, she is barred. 3. It was error to decree a trust in favor of the appellee in the Magnolia Hotel property. The effect of her deed to…
1Opinion of the CourtHart, J.
Della J. Mathy instituted an action for divorce against Joseph Mathy in the chancery court of Garland County on the 19th day of April, 1906, and the case is here on appeal.
The complaint alleges a marriage on May 3, 1885, in Chicago, Illinois, a residence in Arkansas for the statutory period required for divorce, and for cause of divorce assigns cruel treatment and personal indignities. She prays for alimony, attorney’s fees, and for general relief.
On May 23, 1906, Joseph Mathy answered, admitting the marriage and residence in the State of Arkansas, but denies all ■the other material…
2Cases cited3 opinions
- Womack v. WomackSupreme Court of Arkansas · 1904
- Ogden v. OgdenSupreme Court of Arkansas · 1894
- Pennington v. AckerMississippi Supreme Court · 1855
3Cited by6 opinions
- McDonald v. SmithSupreme Court of Arkansas · 1910
- Buck v. BuckSupreme Court of Arkansas · 1943
- O'Quin v. O'QuinSupreme Court of Arkansas · 1950
- Price v. PriceSupreme Court of Arkansas · 1917
- Tompkins v. TompkinsSupreme Court of Arkansas · 1922
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