Spurlock v. Spurlock
Supreme Court of Arkansas
Appeal from Fulton Chancery Court; George T. Humphries, Chancellor; reversed in part; 1. The cause of divorce must have occurred or existed within five years next before the commencement oi the suit. Kirby’s Digest, § 2678, subdiv. 3. Evidence tending to prove acts of adultery subsequent to the commencemént of the action, and with a party other than the co-respondent named in the complaint, should have been excluded. The particular offense alleged must be proved. 51 Am.
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Appeal from Fulton Chancery Court; George T. Humphries, Chancellor; reversed in part; 1. The cause of divorce must have occurred or existed within five years next before the commencement oi the suit. Kirby’s Digest, § 2678, subdiv. 3. Evidence tending to prove acts of adultery subsequent to the commencemént of the action, and with a party other than the co-respondent named in the complaint, should have been excluded. The particular offense alleged must be proved. 51 Am. Dec. 219; 6 Johns. Ch. 347; 5 N. H. 195; 24 Mich. 482; 2 Bishop, Mar. Div. & Sép. § 1343; 39 111. App. 644; 77 Pa. St. 31;…
1Opinion of the CourtHill, C. J.
The appellee, T. J. Spurlock, sued appellant, Mary J. Spurlock, his wife, for divorce, alleging adultery with several parties. She denied all the charges against her, and made countercharge of cruel treatment, and asked that a divorce be granted her on that ground. She makes these allegations in pleadings and evidence in regard to their property interests: That she and her husband were engaged in the hotel and mercantile business at Evening Shade, and sold out there and re-invested in like enterprises at Mammoth Spring, Spurlock conducting the mercantile business and she the hotel business;…
2Cases cited2 opinions
- McNutt v. McNuttSupreme Court of Arkansas · 1906
- Pullen v. SimpsonSupreme Court of Arkansas · 1905
3Cited by11 opinions
- Kenady v. GilkeySupreme Court of Arkansas · 1906
- Buck v. BuckSupreme Court of Arkansas · 1944
- Milne v. MilneCourt of Appeals of Arkansas · 1979
- Kelley v. AckerSupreme Court of Arkansas · 1950
- Northcutt v. NorthcuttSupreme Court of Arkansas · 1970
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