Bell v. Bell
Idaho Supreme Court
APPEAL from the District Court of Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Action for divorce and to determine title to certain real estate. Judgment for plaintiff.
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APPEAL from the District Court of Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Action for divorce and to determine title to certain real estate. Judgment for plaintiff. There is not a particle of evidence as to desertion by defendant, as contemplated under sec. 2460, Rev. Stat., but on the contrary, the evidence shows that the defendant’s going was brought about by the acts of the plaintiff, and that she was and is ready and willing to return at any time when plaintiff will provide a home for her and their son. (Bishop on Marriage and Divorce, see. 1737 et seq.;…
1Opinion of the CourtSullivan, J.
This action was brought to obtain a divorce on the ground of desertion and to have the appellant decreed to hold in trust certain real estate consisting of about 200 acres of land, situated near the city of Lewiston, Nez Perce county. It is alleged in the complaint that on or about the 1st day of March, 1903, the defendant, disregarding the solemnity of her marriage vow, wilfully and without cause, deserted and abandoned the plaintiff, and ever since has continued to wilfully and without cause desert and abandon the plaintiff and live separate and apart from him without sufficient cause and…
2Cases cited10 opinions
- Baker v. BakerCalifornia Supreme Court · 1859
- Stoneburner v. StoneburnerIdaho Supreme Court · 1905
- Hedger v. RennakerCourt of Appeals of Kentucky · 1860
- Anderson v. YoakumCalifornia Supreme Court · 1892
- Bernier v. AndersonIdaho Supreme Court · 1902
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3Cited by13 opinions
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- Southern Bell Telephone & Telegraph Co. v. Louisiana Public Service CommissionSupreme Court of Louisiana · 1960
- Olson v. OlsonIdaho Supreme Court · 1929
- Stephens v. StephensIdaho Supreme Court · 1933
- De Cloedt v. De CloedtIdaho Supreme Court · 1913
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