Trimble v. Trimble
Supreme Court of Arkansas
Appeal from Baxter Circuit Court in Chancery. James S. Thomas, Judge, on exchange of circuits. Since the statute making abandonment a ground for divorce is in derogation of the common law, a complaint filed under it must strictly comply with all its requirements as to allegations. 2 Bish. Mar. & Div. § 598; Stewart, Mar. & Div. 258; 2 Bish. Mar. Div. & Sep. 1460, 1466; 10 Tex. 355; 19 Mo. 354; 1 Nelson, Divorce, 112; 20 Wis. 266; 1 Nelson, Div. 112; 4 la. 324; Bish.
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Appeal from Baxter Circuit Court in Chancery. James S. Thomas, Judge, on exchange of circuits. Since the statute making abandonment a ground for divorce is in derogation of the common law, a complaint filed under it must strictly comply with all its requirements as to allegations. 2 Bish. Mar. & Div. § 598; Stewart, Mar. & Div. 258; 2 Bish. Mar. Div. & Sep. 1460, 1466; 10 Tex. 355; 19 Mo. 354; 1 Nelson, Divorce, 112; 20 Wis. 266; 1 Nelson, Div. 112; 4 la. 324; Bish. Mar. & Div. 1500. So long as the parties live together ostensibly as man and wife, they cohabit, and there is no desertion. 97…
1Opinion of the CourtRiddick, J.
This is a suit for divorce, brought by John N. Trimble against his wife, Elizabeth Trimble. It was commenced on the 6th day of August, 1895, and the ground upon which the divorce is sought is wilful abandonment for over one year. The parties were married in 1891. They were both past middle age, and each of them had been previously married. In July, 1894, there was a disagreement between them over the fact that the appellee, Trimble, refused to allow Lee Waggoner, a son of Mrs. Trimble by her former husband, to reside longer at appellee’s home. This conduct on the part of Trimble caused…
2Cited by3 opinions
- Womack v. WomackSupreme Court of Arkansas · 1904
- Oxford v. OxfordSupreme Court of Arkansas · 1963
- Price v. PriceSupreme Court of Arkansas · 1949