Franklin v. Franklin

The opinion of the court was delivered by

Allen, J.:

James. B. Franklin commenced this action in the district court of Brown county to obtain a divorce from *144his wife, on the ground of abandonment. She answered, denying such abandonment, alleging cruelty on the part of her husband, praying a divorce from him, and for alimony. The court, after hearing the evidence, denied both the application of the plaintiff and of the defendant for a divorce.

It is contended in this court that the plaintiff clearly proved an abandonment, and that, having done so, he is entitled, as a matter of strict legal…