Legal Opinion

Harris v. Harris

Supreme Court of Arkansas

Decided February 16, 1920Published

Appeal from Hot Spring- Chancery Court; Jethro P. Henderson, Chancellor; The statutory grounds of divorce, desertion and indignities such as to render condition intolerable, must be proven by a fair preponderance of the testimony. 90 Ark. 40; 97 Id. 125; 170 S. W. 485; 104 Ark. 385; 105 Id. 194; Blue v. Blue, 174 S. W. 237. The court had jurisdiotion to grant the divorce on the cross-complaint.

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Appeal from Hot Spring- Chancery Court; Jethro P. Henderson, Chancellor; The statutory grounds of divorce, desertion and indignities such as to render condition intolerable, must be proven by a fair preponderance of the testimony. 90 Ark. 40; 97 Id. 125; 170 S. W. 485; 104 Ark. 385; 105 Id. 194; Blue v. Blue, 174 S. W. 237. The court had jurisdiotion to grant the divorce on the cross-complaint. Kirby’s Digest, § 2674. Defendant had the right to proceed by cross-bill to obtain affirmative relief. 14 Cyc. 672; 90 Ark. 16; 94 Id. 458; Kirby’s Digest, § 6088. The complaint having been filed and…

1Opinion of the CourtSmith, J.

Mrs. Irene Harris brought this suit in Hot Spring County, the county of her'residence, against her husband, who resided in Logan County, for divorce. In her complaint she asked a divorce on account of cruel and inhuman conduct on the part of her husband, rendering her condition as his wife intolerable, and also alleged desertion. She asked the custody of their infant child and an allowance for its support. Harris filed an answer, denying the allegations of his wife’s complaint, and by way of cross-complaint alleged that his wife, without cause, had deserted him, and prayed a divorce on that…

2Cases cited5 opinions

  1. Church v. GallicSupreme Court of Arkansas · 1905
  2. Hollingsworth v. McAndrewSupreme Court of Arkansas · 1906
  3. Quellmalz Lumber & Manufacturing Co. v. DaySupreme Court of Arkansas · 1918
  4. Sallee v. Bank of CorningSupreme Court of Arkansas · 1918
  5. Jenkins v. JenkinsSupreme Court of Arkansas · 1906

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