Besch v. Besch
Texas Supreme Court
Appeal from Colorado. Tried below before the Hon. G. W. Smith. On the 2d of April, 1859, the appellant filed her petition against the defendant, her husband, charging his voluntary abandonment of the plaintiff for more than three years. Upon affidavit of the plaintiff that the defendant was a non-resident of the State, service of the citation was had by publication. Ho appearance was entered or defence made by the defendant.
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Appeal from Colorado. Tried below before the Hon. G. W. Smith. On the 2d of April, 1859, the appellant filed her petition against the defendant, her husband, charging his voluntary abandonment of the plaintiff for more than three years. Upon affidavit of the plaintiff that the defendant was a non-resident of the State, service of the citation was had by publication. Ho appearance was entered or defence made by the defendant. On the hearing at the Fall Term, 1859, the plaintiff proved by her brother that she was married to the defendant in July, 1855; that the defendant and plaintiff lived…
1Opinion of the CourtMoore, J.
The charge of the court to the jury in this case in the court below was erroneous. The evidence before the jury is, in our opinion, not only sufficient to have warranted them in finding a verdict for the plaintiff, but also to have authorized the court apon the return of the verdict, to decree a divorce. The fact that a husband shall have left his wife for three years *392with the intention of abandonment, is made by the statute a specific cause for divorce. It is immaterial what were the circumstances attending the separation, if the wife is in no manner chargeable with it either by act or…
2Cited by8 opinions
- McGowen v. McGowenTexas Supreme Court · 1880
- Schulz v. L. E. Whitham & Co.Texas Supreme Court · 1930
- Douglass v. DouglassSupreme Court of Iowa · 1871
- Jackson v. JacksonCourt of Appeals of Texas · 1971
- Graham v. Hollandsworth Drilling Co.Court of Appeals of Texas · 1943
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