O'Kane v. O'Kane
Supreme Court of Arkansas
Appeal from Franklin Chancery Court, Ozark District; J. V. Bourland, Chancellor; 1. The evidence clearly establishes appellee’s habitual drunkenness, within the meaning of the statute. One may be an habitual drunkard, and still be able to attend to his usual business, even though there may be intervals when he entirely refrains from the use of intoxicating drinks. 38 Ark. 324; 117 Am. St. Rep. 1054; 8 Pac. 110, 112; 35 Mich. 210; 137 S. W. 56; 84 Mo.
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Appeal from Franklin Chancery Court, Ozark District; J. V. Bourland, Chancellor; 1. The evidence clearly establishes appellee’s habitual drunkenness, within the meaning of the statute. One may be an habitual drunkard, and still be able to attend to his usual business, even though there may be intervals when he entirely refrains from the use of intoxicating drinks. 38 Ark. 324; 117 Am. St. Rep. 1054; 8 Pac. 110, 112; 35 Mich. 210; 137 S. W. 56; 84 Mo. App. 208; 19 III. 465. 2. Appellee’s testimony to the effect that appellant condoned his faults of drunkenness and adultery is without…
1Opinion of the CourtHart, J.
Plaintiff, Lizzie O’Kane, instituted this action for divorce against the defendant, Walter O’Kane, in the chancery court, and for cause charged that the defendant had been addicted to habitual drunkenness for the period of one year prior to the commencement of the action. Subsequently she filed an amendment to her complaint in which she charged him with adultery. The defendant answered and denied the allegations of the complaint, and for grounds of cross complaint charged his wife with adultery. The chancellor dismissed both the complaint and cross complaint for want of equity. They had one…
2Cases cited3 opinions
- Brown v. BrownSupreme Court of Arkansas · 1881
- Magahay v. MagahayMichigan Supreme Court · 1876
- Burns v. BurnsSupreme Court of Florida · 1869
3Cited by7 opinions
- Hayes v. HayesSupreme Court of Florida · 1923
- Wilson v. WilsonSupreme Court of Arkansas · 1917
- Moore v. StateCourt of Criminal Appeals of Texas · 1929
- Oxford v. OxfordSupreme Court of Arkansas · 1963
- McVey v. McVeyNew Jersey Superior Court Appellate Division · 1972
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