Poe v. Poe
Supreme Court of Arkansas
Appeal from Saline Chancery Court; J. P. Henderson, Chancellor; The cause of action was not barred by the statute of limitations. The cause existed within five years next before the filing of the suit. Wilful desertion is a continuing offense. Kirby’s Digest, § 2678; Bishop on Mar. & Div., Vol. 1, § 1771-2; '43 S. W. 168; 21 A. & E. Ann. Cases, 278; 4 Am. Rep. 579; 90 Ark. 40, &c.
1Opinion of the CourtMcCulloch, C. J.
This is an uncontested suit for divorce on the ground of wilful desertion, and the appeal is from a decree of the chancellor refusing to grant the divorce. The alleged ground for divorce is fully established by the evidence, but the chancellor refused the decree of divorce for the reason that the original act of desertion did not occur within the time prescribed by the statute.
The statute on the subject reads as follows: “The plaintiff, to' obtain a divorce, must allege and prove, in addition to a legal cause of divorce: First: A residence in the State for one year next before the…
2Cases cited1 opinion
- Davis v. DavisCourt of Appeals of Kentucky · 1897
3Cited by4 opinions
- Twine v. LockeCourt of Appeals for the Second Circuit · 1934
- Covington v. WalkerNew York Court of Appeals · 2004
- State v. Sawtooth Men's ClubIdaho Supreme Court · 1938
- Mullenband v. MullenbandSupreme Court of Arkansas · 1919