Legal Opinion

Powell v. Powell

Supreme Court of Vermont

Decided December 15, 1856PublishedCited by 22 opinions

Libel eor a divorce on account of the alleged willful desertion of the libellee for three years. The facts in the case are sufficiently stated in the opinion of the court, which was delivered by

1Opinion of the Court

Redfield, Ch. J.

This is a petition for divorce by the husband against the wife, on the ground of desertion. The cause, in the words of the statute is “ for willful desertion for three years.” We suppose the desertion, to be willful, must be without any sufficient cause, or any cause which the party, upon probable proof, believes to be sufficient, as where one party remains' absent from the other upon the bona jide belief of misconduct in such party of a character to justify such separation. And it is questionable, perhaps, where one party remains absent from the other upon the bona jide…

2Cited by22 opinions

  1. In Re Proving the Will of DaggettNew York Court of Appeals · 1931
  2. Polley v. PolleyCourt of Appeals of Maryland · 1916
  3. Spafford v. SpaffordSupreme Court of Alabama · 1917
  4. Hall v. HallWest Virginia Supreme Court · 1911
  5. Hill v. HillCalifornia Court of Appeal · 1947

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