Legal Opinion

Rigsby v. Rigsby

Supreme Court of Arkansas

Decided April 8, 1907PublishedCited by 9 opinions

Appeal from ■ Garland Chancery Court; Alphonso Curl, Chancellor; If, in the trouble growing out of the wood transaction between the two youths, appellant was in anywise at fault, it was condoned by appellee in continuing to live with her. 62 Ark. 611. Where it is shown that the conduct of the husband toward the wife is such as to make it dangerous or unsafe for her to' continue to live with him, where his conduct amounts to desertion, or is such as to make her life with him…

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Appeal from ■ Garland Chancery Court; Alphonso Curl, Chancellor; If, in the trouble growing out of the wood transaction between the two youths, appellant was in anywise at fault, it was condoned by appellee in continuing to live with her. 62 Ark. 611. Where it is shown that the conduct of the husband toward the wife is such as to make it dangerous or unsafe for her to' continue to live with him, where his conduct amounts to desertion, or is such as to make her life with him intolerable, her cross> bill should prevail where the husband has sued for divorce. 77 Ark. 94; 73 Ark. 281; 97 S. W.…

1Opinion of the CourtRiddick, J.

This is an action for divorce brought by John H. Rigsby against his wife, Matilda Rigsby, on the ground of wilful desertion. The defendant filed an answer, denying that she had wilfully deserted the plaintiff and alleging that, though she had left the home of plaintiff, it was because his conduct was such as to make her condition in life intolerable and render it necessary that she should leave his home; that the separation between them was in fact a desertion on his part.

These parties were married March 10, 1902, at Hot Springs, Arkansas. At the time of the marriage he had two sons, 18 and…

2Cited by9 opinions

  1. Hockman v. HockmanCourt of Appeals of Maryland · 1945
  2. Rosenbaum v. RosenbaumSupreme Court of Arkansas · 1944
  3. Falzo v. FalzoNew Jersey Superior Court Appellate Division · 1964
  4. Paragian v. ParagianBergen County Family Court · 1957
  5. Wickliff v. WickliffSupreme Court of Arkansas · 1935

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