Cooper v. Cooper
Michigan Supreme Court
Appeal in Chancery from Kalamazoo Circuit. The bill in this cause was filed by complainant to obtain a divorce from defendant on the ground of desertion. The cause was heard on the pleadings and proofs, and a decree granted in favor of complainant. The facts are stated in the opinion. 1. The bill in this case charges the defendant with desertion, and that only. a.
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Appeal in Chancery from Kalamazoo Circuit. The bill in this cause was filed by complainant to obtain a divorce from defendant on the ground of desertion. The cause was heard on the pleadings and proofs, and a decree granted in favor of complainant. The facts are stated in the opinion. 1. The bill in this case charges the defendant with desertion, and that only. a. It is therefore insisted that the defendant can not charge the complainant with adultery occurring subsequent to the desertion, and where it in no way caused or tended-to produce it. It is no answer to the charge of desertion, and…
1Opinion of the Court
Campbell J.
Complainant filed his bill to obtain a divorce on the ground of desertion. Defendant is shown, beyond dispute, to have left him in a somewhat clandestine manner in May, 1861, and to have remained away from him ever since, and it does not appear that 'there was at that time any immediate provocation which would, of itself, have explained or justified such a departure in the case of a wife, without some further reason lying back of it. Unexplained, such a desertion would come within the statute.
But the defendant resists the divorce on two grounds; First, Because she claims they had…
2Cited by33 opinions
- Brookhouse v. BrookhouseMichigan Supreme Court · 1938
- Hall v. HallWest Virginia Supreme Court · 1911
- Butler v. ButlerSupreme Court of Virginia · 1926
- Franklin v. FranklinMassachusetts Supreme Judicial Court · 1891
- Root v. RootMichigan Supreme Court · 1911
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