De Vry v. De Vry
Supreme Court of Oklahoma
Error from District Court, Alfalfa County; J. W. Steen, Judge. Action for divorce by John Y. De Yry against Lillian De Yry. Judgment for defendant on her cross-petition, and plaintiff brings error. The plaintiff, in his petition, alleges, as grounds for divorce, abandonment by the defendant, and in her answer the defendant denies the allegations of the petition and files a cross-petition asking for a divorce for herself on the ground of abandonment also.
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Error from District Court, Alfalfa County; J. W. Steen, Judge. Action for divorce by John Y. De Yry against Lillian De Yry. Judgment for defendant on her cross-petition, and plaintiff brings error. The plaintiff, in his petition, alleges, as grounds for divorce, abandonment by the defendant, and in her answer the defendant denies the allegations of the petition and files a cross-petition asking for a divorce for herself on the ground of abandonment also. There are other allegations, both in the petition and cross-petition, but on the trial no other grounds, except that of abandonment, was…
1Opinion of the Court
DEYERETTX, C.
(after stating the facts as above). The contention of the plaintiff in error is that the husband has the right to choose the domicile of the family, and it is the duty of the wife to accompany and live with him in the home so selected, unless there be good reason for her refusing to do so, and that a failure of the wife so to do is abandonment, authorizing a divorce. There can be no question that this statement of the law is correct. Buell v. Buell, 42 Wash. 277, 84 Pac. 821; Franklin v. Franklin, 190 Mass. 349, 77 N. E. 48, 4 L. R. A. (N. S.) 145, 5 Ann. Cas. 851; 14 Cyc. 612.
But…
2Cases cited3 opinions
- Franklin v. FranklinMassachusetts Supreme Judicial Court · 1906
- Peretti v. PerettiCalifornia Supreme Court · 1913
- Buell v. BuellWashington Supreme Court · 1906
3Cited by7 opinions
- Long v. TalleySupreme Court of Oklahoma · 1921
- Limb v. LimbSupreme Court of Oklahoma · 1945
- Downing v. DowningSupreme Court of Oklahoma · 1926
- Stieber v. StieberSupreme Court of Oklahoma · 1921
- Elmore v. ElmoreSupreme Court of Oklahoma · 1926
2 more not listed; retrieve them via the Exa API.