Legal Opinion

Ogilvie v. Ogilvie

Oregon Supreme Court

Decided July 2, 1900PublishedCited by 16 opinions

From Gilliam : W. L. Bradshaw, Judge. This is a suit for divorce by Alex. G. Ogilvie against Eose Ogilvie upon the ground of willful desertion for the period of one year. For a defense, the wife denies the desertion, and alleges that she left the plaintiff’s home temporarily, at a time when he was absent in England, without any intention of deserting him, and that she returned, and proffered to resume her marital duties, but that he refused to allow her to do so.

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From Gilliam : W. L. Bradshaw, Judge. This is a suit for divorce by Alex. G. Ogilvie against Eose Ogilvie upon the ground of willful desertion for the period of one year. For a defense, the wife denies the desertion, and alleges that she left the plaintiff’s home temporarily, at a time when he was absent in England, without any intention of deserting him, and that she returned, and proffered to resume her marital duties, but that he refused to allow her to do so. The parties were married in 1885, and three children were born to them, to wit, Eobert Gordon, Patrick Alexander, and Charles…

1Opinion of the CourtChief Justice Wolverton

This is a brief resume of the evidence in the case, without attempting to quote the witnesses at large, and upon this testimony it is insisted (1) that it has not been shown that the defendant willfully deserted plaintiff; and (2) that it has been shown that the plaintiff assented to her *179living separate and apart from Mm, and therefore that desertion contrary to his will and without his consent has not been established.

1. “Desertion” has been defined by Mr. Bishop in his work on Marriage, Divorce and Separation (vol. 1, § 1662), to be the “voluntary separation of one of the married parties…

2Cases cited9 opinions

  1. Ford v. FordMassachusetts Supreme Judicial Court · 1887
  2. Henderson v. HendersonOregon Supreme Court · 1900
  3. Benkert v. BenkertCalifornia Supreme Court · 1867
  4. Albee v. AlbeeIllinois Supreme Court · 1892
  5. Sisemore v. SisemoreOregon Supreme Court · 1889

4 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Caseday v. LindstromOregon Supreme Court · 1904
  2. Butler v. ButlerSupreme Court of Virginia · 1926
  3. Stoneburner v. StoneburnerIdaho Supreme Court · 1905
  4. Andrade v. AndradeArizona Supreme Court · 1912
  5. Luper v. LuperOregon Supreme Court · 1908

11 more not listed; retrieve them via the Exa API.

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