Cumming v. Cumming
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Elizabeth City county. Decree for defendant. Complainant appeals. The original bill in this cause was exhibited by the wife, the appellant, against the husband, the appellee, for divorce on the statutory ground of wilful desertion.
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Appeal from a decree of the Circuit Court of Elizabeth City county. Decree for defendant. Complainant appeals. The original bill in this cause was exhibited by the wife, the appellant, against the husband, the appellee, for divorce on the statutory ground of wilful desertion. The husband filed his answer and cross-bill, and later, after more than three years had elapsed, filed his amended and supplemental answer and cross-bill, alleging cruelty on the part of his wife and praying that the divorce be awarded to him on that ground. Following the filing of the second cross-bill there was…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court:
The following questions which are involved in this cause will be disposed of in their order as stated below:
1. Is the decree under review erroneous in its adjudication that the husband is entitled to an absolute divorce on the grounds of desertion and cruelty?
We are of opinion that this question must be answered in the affirmative.
[1-2] As appears from the facts set forth in the statement preceding this opinion, the conduct of the wife, relied on by the husband as constituting cruelty to him, did not…
2Cases cited4 opinions
- Pereira v. PereiraCalifornia Supreme Court · 1909
- Neddo v. NeddoSupreme Court of Kansas · 1896
- Speck v. DausmanMissouri Court of Appeals · 1879
- Watson v. WatsonIndiana Court of Appeals · 1906
3Cited by19 opinions
- Barnes v. American Fertilizer Co.Court of Appeals of Virginia · 1925
- Cooley v. CooleySupreme Court of Virginia · 1980
- Wallihan v. HughesSupreme Court of Virginia · 1954
- Simpson v. SimpsonSupreme Court of Virginia · 1934
- Goodman v. GoodmanSupreme Court of Virginia · 1928
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