Stewart v. Stewart

This is a suit for divorce, grounded upon subdivision 5, Section 507, Or. L., providing for the dissolution of the marriage contract at the suit of the injured party on “willful desertion for the period of one year.” The charge of desertion made by plaintiff against his wife is based upon the general rule of law that empowers the husband to choose the matrimonial domicile. The plaintiff contends that his wife refused to follow him from Los Angeles, California, to his domicile at Roseburg, Oregon. The defendant challenges the plaintiff’s good faith in requesting her to come. Hence arises the…