Burk v. Burk
West Virginia Supreme Court
Appeal from a decree of the circuit court of the county of Wood, rendered on the 3d day of May, 1881, in a chancery cause in said court then pending, wherein Robert H. Burk was plaintiff, and Lucinda Burk was defendant, allowed upon the petition of said defendant. Hon. James M. Jackson, judge of the fifth judicial circuit, rendered the decree appealed from.
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Appeal from a decree of the circuit court of the county of Wood, rendered on the 3d day of May, 1881, in a chancery cause in said court then pending, wherein Robert H. Burk was plaintiff, and Lucinda Burk was defendant, allowed upon the petition of said defendant. Hon. James M. Jackson, judge of the fifth judicial circuit, rendered the decree appealed from. JOHNSON, President, furnishes the following statement of the case: This is a suit in equity to procure a divorce a vinculo mat-rimonii, on account of desertion for three years. The bill was filed in the circuit court of Wood county in…
1Opinion of the Court
Johnson, President,
announced the opinion of the Court:
This will be the first reported divorce case in this State. We would gladly wish, that it might he the last. Theboncls of matrimony should never be dissolved unless for the most, cogent legal reasons made cleai’ly to appear to the court. Of course when such reasons do appear, painful as it is to pronounce a decree dissolving the marriage, the law must be enforced. One of the grounds for divorce from the bond of matrimony, as declared in our Code, chapter 64, section 5, *450is, “where either party willfully abandons or deserts the other for…
2Cases cited7 opinions
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3Cited by22 opinions
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