Reed v. Reed
Supreme Court of Arkansas
Appeal from Saline Chancery Court. IvEEAND Leatherman, Chancellor. STATEMENT BY THE COURT. W. M. Reed brought this suit against his wife, Henrietta Reed, to obtain a divorce. For cause of •action he alleged wilful desertion for over the period of one year without reasonable cause. The defendant filed an answer denying the allegations of the complaint, and further alleging that plaintiff had deserted her, and prayed for a divorce and alimony.
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Appeal from Saline Chancery Court. IvEEAND Leatherman, Chancellor. STATEMENT BY THE COURT. W. M. Reed brought this suit against his wife, Henrietta Reed, to obtain a divorce. For cause of •action he alleged wilful desertion for over the period of one year without reasonable cause. The defendant filed an answer denying the allegations of the complaint, and further alleging that plaintiff had deserted her, and prayed for a divorce and alimony. The plaintiff Reed testified, in part, as follows:“ Defendant and I were married the 20th day of September, 1891, and lived together until the 8th of…
1Opinion of the Court
Riddick, J.,
(after stating the facts). The only question in this case is whether the appellant wilfully deserted her husband, as alleged in his complaint. When a wife separates from her husband, and lives apart from him with his consent, this is not a ‘‘wilful desertion,” within the meaning of the statute. Nor is it necessary that such consent be expressly given. It may be implied from the words or acts of the husband which show that he consented to the separation. Cox v. Cox, 35 Mich. 451; Beller v. Beller, 50 Mich. 49; Thompson v. Thompson, 1 Swab. & T. 514; Rose v. Rose, 50 Mich. 92; 1…
2Cases cited4 opinions
- Burk v. BurkWest Virginia Supreme Court · 1883
- Rose v. RoseMichigan Supreme Court · 1883
- Phelan v. PhelanIllinois Supreme Court · 1890
- Beller v. BellerMichigan Supreme Court · 1883
3Cited by15 opinions
- Phinizy v. PhinizySupreme Court of Georgia · 1922
- Reynolds v. ReynoldsWest Virginia Supreme Court · 1910
- Womack v. WomackSupreme Court of Arkansas · 1904
- McClure v. McClureSupreme Court of Arkansas · 1943
- Trussell v. TrussellSuperior Court of Pennsylvania · 1934
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