Weld v. Weld
Supreme Court of Minnesota
Appeal by plaintiff from a judgment of the district court for Bice county, Buckkam, J., presiding. The action was brought under Gen. St. 1878, c. 69, § 5, to debar defendant from any right of dower in the lands of plaintiff, (her husband,) and to obtain for plaintiff full control over such lands, and power to convey the same without the signature of defendant, etc.
1Opinion of the CourtCornell, J.
In Gen. St. 1878, c. 69, § 5, the term “desertion” is used in the same sense in which it is used in the fifth subdivision of section 6 of the statute relating to the-subject of divorce. Gen. St.'1878, c. 62, § 6, subd. 6. It-imports such a wilful abandonment by one party of the other, without any sufficient cause or excuse, as constitutes, when continued for three years, good ground for an absolute divorce *331in favor of the deserted party. It involves a violation of marital duty and obligation on the part of the one guilty of the act of desertion, and is, therefore, wrongful and unlawful. A…
2Cited by16 opinions
- Slavinsky v. SlavinskyMassachusetts Supreme Judicial Court · 1934
- Williams v. WilliamsArizona Supreme Court · 1928
- Gerdts v. GerdtsSupreme Court of Minnesota · 1936
- Kunze v. KunzeSupreme Court of Minnesota · 1922
- Martin v. MartinSupreme Court of Florida · 1953
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