Morrison v. Morrison
California Supreme Court
Appeal from the Sixth Judicial District. The facts are stated in the opinion. The defendant made default. Upon the proof, the Court below found the fact of abandonment by the husband for the period of nine years, but held that this did not establish a willful desertion on his part without some proof of the circumstances and causes of the separation, and accordingly rendered judgment for defendant, from which plaintiff appeals.
1Opinion of the CourtCope, J.
We think the proofs in this case entitle the plaintiff to a divorce. The evidence shows that the parties were married in 1853, and separated soon after the marriage. The circumstances of the separation are not shown, but sufficient appears to make out a case of desertion. The parties lived together about three weeks, when the defendant left the country, abandoning the plaintiff, and failing to make provision for her support. He is still absent, and has never in any manner contributed to her maintenance, to obtain which she *432has been compelled to rely upon her own exertions. Desertion consists…
2Cited by8 opinions
- Strupelle v. StrupelleCalifornia Court of Appeal · 1922
- Polk v. PolkCalifornia Court of Appeal · 1964
- Wilkinson v. WilkinsonSupreme Court of Georgia · 1924
- Ogilvie v. OgilvieOregon Supreme Court · 1900
- Sweet v. SweetCalifornia Court of Appeal · 1923
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