Day v. Day
District Court, D. Alaska
This is an action for divorce under the fourth and fifth provisions of section 1299 of the Compiled Laws of Alaska. For a first cause of action the plaintiff alleges desertion on the part of the defendant in that, as a culmination of a tempestuous married life for several years, the defendant ordered the plaintiff, on or about the 4th day of September, 1907, to leave her, and that since said date plaintiff and defendant have not lived together.
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This is an action for divorce under the fourth and fifth provisions of section 1299 of the Compiled Laws of Alaska. For a first cause of action the plaintiff alleges desertion on the part of the defendant in that, as a culmination of a tempestuous married life for several years, the defendant ordered the plaintiff, on or about the 4th day of September, 1907, to leave her, and that since said date plaintiff and defendant have not lived together. For a second cause of action the plaintiff alleges a continuance of cruel and inhuman treatment by the defendant for a period of several years,…
1Opinion of the Court
BUNNFDD, District Judge.
The form of desertion charged ' in the first cause of action is well defined in the following:
“Cruelty on tlie part of either spouse,- carried to such an extent as to drive the other from home, will constitute desertion on the part of the spouse inflicting such cruelty.” Barnett v. Barnett, 27 Ind. App. 466, 61 N. E. 737.
“Where either party leaves the other because of cruel treatment toward the one leaving, it is desertion by the one forcing the other to go.” McVickar v. McVickar, 46 N. J. Eq. 490, 19 Atl. 249, 19 Am. St. Rep. 422 ; 9 Ruling Case Raw, §§ 149, 150.
There…
2Cases cited7 opinions
- MacDonald v. MacDonaldCalifornia Supreme Court · 1909
- Sylvis v. SylvisSupreme Court of Colorado · 1888
- Reed v. ReedNevada Supreme Court · 1868
- Atherton v. AthertonNew York Supreme Court · 1894
- Eggerth v. EggerthOregon Supreme Court · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Burch v. BurchCourt of Appeals for the Third Circuit · 1952