Danforth v. Danforth
Supreme Judicial Court of Maine
On report. This was a libel for divorce filed in the Superior Court, for Kennebec county. The allegation relied on as a cause for divorcé was utter desertion without reasonable cause for three consecutive years next prior to the filing .of the libel. The evidence was taken out before the presiding judge, and his report of the facts, as found by him, was submitted by the parties to the Law Court for it to determine whether or not they show legal cause for divorce.
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On report. This was a libel for divorce filed in the Superior Court, for Kennebec county. The allegation relied on as a cause for divorcé was utter desertion without reasonable cause for three consecutive years next prior to the filing .of the libel. The evidence was taken out before the presiding judge, and his report of the facts, as found by him, was submitted by the parties to the Law Court for it to determine whether or not they show legal cause for divorce. The facts as found are as follows: Libel dated May 29, 1893. The libelee deserted the libelant, April 20, 1890, without reasonable…
1Opinion of the CourtWalton, J.
The question is this : If a wife deserts her husband, and remains away from him for three consecutive years, and, during all that time, continuously and unreasonably refuses to return, will the fact that, within the three years, her husband once visited her and occupied the same bed with her for two or three uights, necessarily interrupt the desertion and bar his right to a divorce for that cause?
We think not. Desertion, such as will be a valid cause for a divorce, is not easily defined. Stewart v. Stewart, 78 Maine, 548, and cases there cited. And it may be equally difficult to define what…
2Cases cited1 opinion
- Kennedy v. KennedyIllinois Supreme Court · 1877
3Cited by9 opinions
- Trussell v. TrussellSuperior Court of Pennsylvania · 1934
- Campbell v. CampbellSupreme Court of Alabama · 1944
- Ulizio v. UlizioSuperior Court of Pennsylvania · 1929
- Littlefield v. LittlefieldSupreme Judicial Court of Maine · 1972
- Rosario v. Galarza VegasSupreme Court of Puerto Rico · 1961
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