Marshak v. Marshak
Supreme Court of Arkansas
Appeal from Yell Chancery Court, Dardanelle District; Jordan Sellers, Chancellor; STATEMENT BY THE COURT. On the 25th day of May, 1912, Joe Marshak instituted an action of divorce against Gustie Marshak on the ground of desertion. The facts, as shown by the record, are substantially as follows: Joe Marshak is thirty years of age, and is the son of a farmer residing near the town of Dardanelle, in Yell ■County.
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Appeal from Yell Chancery Court, Dardanelle District; Jordan Sellers, Chancellor; STATEMENT BY THE COURT. On the 25th day of May, 1912, Joe Marshak instituted an action of divorce against Gustie Marshak on the ground of desertion. The facts, as shown by the record, are substantially as follows: Joe Marshak is thirty years of age, and is the son of a farmer residing near the town of Dardanelle, in Yell ■County. On the 6th day of February, 1910, he married Gustie Lucas, the daughter of a neighboring farmer. She is twenty-four years of age. After their marriage they went to live with the father…
1Opinion of the Court
Hart, J.,
(after stating the facts). The sole ground upon which the plaintiff relied to obtain a divorce was desertion. The second subdivision of section 2672 of Kirby’s Digest provides that the courts shall have power to dissolve a marriage contract where either party wilfully deserts and absents himself or herself from the other for a space of one year without reasonable cause. The record shows that the defendant has been absent from the home of the plaintiff for more than one year before the institution of this action. It is the contention of the plaintiff that the husband, because he is…
2Cases cited1 opinion
- Powell v. PowellSupreme Court of Vermont · 1856
3Cited by10 opinions
- Hoffhines v. HoffhinesCourt of Appeals of Maryland · 1924
- State v. BagwellSupreme Court of South Carolina · 1923
- Horkheimer v. HorkheimerWest Virginia Supreme Court · 1929
- Phillips v. PhillipsSupreme Court of Arkansas · 1930
- Settles v. SettlesSupreme Court of Arkansas · 1946
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