Miller v. Miller

(of the Sixth Appellate District, sitting in place of Patterson, J.). The action is one in divorce brought by Elsie N. Miller, on the ground that the defendant is imprisoned in the penitentiary of the state of Ohio. The common pleas court refused to grant a divorce, and this proceeding in error is brought to secure a reversal of that judgment.

In addition to charging that the defendant is imprisoned in the penitentiary, the petition avers that the defendant left and abandoned plaintiff, and has ever since failed, neglected and refused to contribute to the support of plaintiff or their child.…