Devoe v. Devoe
California Supreme Court
Appeal from the District Court, Eleventh Judicial District, County of El Dorado. Action to obtain a divorce. The complaint averred “that during more than a year last past defendant has treated her Avith Avanton and willful neglect, in that by reason of profligacy and dissipation he has failed to provide for her the common necessaries of life.” The answer denied the allegation.
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Appeal from the District Court, Eleventh Judicial District, County of El Dorado. Action to obtain a divorce. The complaint averred “that during more than a year last past defendant has treated her Avith Avanton and willful neglect, in that by reason of profligacy and dissipation he has failed to provide for her the common necessaries of life.” The answer denied the allegation. The court found that “ for more than one year prior to the filing of the complaint, the defendant was, and has been, guilty of willful neglect to the plaintiff by failing to provide for the plaintiff the common…
1Opinion of the Court
By the Court:
Section 92 of the Civil Code provides: “Divorces must be granted for any of the following causes: “1. Adultery. 2. Extreme cruelty. 3. Willful desertion. 4. Willful neglect,” etc.
Section 93defines “adultery;” and 94 “extreme cruelty.”
Section 95 attempts to define the expression “willful desertion,” and 96, 97, 98 to set forth the different classes of fact Avhich may manifest such desertion.
Section 105 declares Avhat circumstances shall constitute “willful neglect,” dividing the neglect into two classes: *545First. A neglect on the part of the husband to provide the wife with the…
2Cited by7 opinions
- Rudel v. County of Los AngelesCalifornia Supreme Court · 1897
- Harris v. LloydMontana Supreme Court · 1891
- Nichols v. RandallCalifornia Supreme Court · 1902
- Green v. ChandlerCalifornia Supreme Court · 1880
- In Re Marriage of GalisCalifornia Court of Appeal · 1983
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