Mullenband v. Mullenband
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. Desertion is clearly established; the husband knew the whereabouts of his wife, and failed to go to her or allow her to go to him and his intentions were clearly to abandon her. 55 Atl. 996; 104 Ark. 381. The wife’s testimony was sufficiently corroborated lb.; 9 R. C. L. 436. 2. The cause of action “existed” or “occurred” in this State.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. Desertion is clearly established; the husband knew the whereabouts of his wife, and failed to go to her or allow her to go to him and his intentions were clearly to abandon her. 55 Atl. 996; 104 Ark. 381. The wife’s testimony was sufficiently corroborated lb.; 9 R. C. L. 436. 2. The cause of action “existed” or “occurred” in this State. Kirby & Castle’s Digest, § § 2892, 2886; 125 Ark. 391; 72 Conn. 567; 91 Ky. 634; 34 N. H. 519; 10 Ind. 436; 17 Ill. 476 ; 48 Atl. 533; 38 N. W. 607; 10 Tex. 555. The law and the facts…
1Opinion of the CourtSmith, J.
Appellant proved at the trial from which this appeal is prosecuted that her husband had wilfully deserted her in the State of Texas something more than two years prior to the institution of this suit. But, notwithstanding this proof, the court refused a divorce on the ground that the desertion had occurred in Texas, where the parties were then living, and that under the laws of that State desertion was not a ground for divorce until the desertion had continued for a period of at least three years, and that time had not expired when the suit was brought.
Appellant was a resident of this State…
2Cases cited6 opinions
- Colburn v. ColburnMichigan Supreme Court · 1888
- Ashbaugh v. AshbaughIllinois Supreme Court · 1856
- Koch v. KochNew Jersey Court of Chancery · 1911
- Perzel v. PerzelCourt of Appeals of Kentucky · 1891
- Poe v. PoeSupreme Court of Arkansas · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- González Miranda v. SantiagoSupreme Court of Puerto Rico · 1962
- Wickliff v. WickliffSupreme Court of Arkansas · 1935
- Oatley v. OatleyDistrict of Columbia Court of Appeals · 1960
- González Miranda v. SantiagoSupreme Court of Puerto Rico · 1962
- Umansky v. UmanskyMissouri Court of Appeals · 1967