Taylor v. Taylor
New Mexico Supreme Court
Appeal from District Court, Luna Count]'; Colin Neblett, Judge. Action by Ella Taylor against Oscar C. Taylor. From a judgment for plaintiff, defendant appeals. The complaint does not show that any ground of divorce exists.
Read the full summary
Appeal from District Court, Luna Count]'; Colin Neblett, Judge. Action by Ella Taylor against Oscar C. Taylor. From a judgment for plaintiff, defendant appeals. The complaint does not show that any ground of divorce exists. Sub-section 6 of Section 32 of Chapter 63' of the Laws of 1901, which provides that one of the grounds of 'divorce is “Neglect on the part of the husband to support the wife, according to his means, station in life, and ability,” is the provision upon which appellee relies. The neglect, to authorize a divorce, must be wilful and intentional. To construe the statute…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, J.
(after stating the facts as above) — Appellant contends that the question's before us for determination are:' First, did appellant neglect to support appellee, 'his wife, according to his means, ability, and station in life? Second, if appellant did neglect to support h:s wife according to his means, ability, and station' in life, was 'that neglect intentional on the part of appellant? Third, does unintentional neglect to support a wife entitle' her-u-nder the laws of New Mexico to divorce? ■
We believe the first question is fully disposed of by the findings of…
2Cases cited4 opinions
- Weishaupt v. WeishauptWisconsin Supreme Court · 1871
- Thompson v. ThompsonSupreme Judicial Court of Maine · 1887
- Whitacre v. WhitacreMichigan Supreme Court · 1887
- Baker v. BakerIndiana Supreme Court · 1882
3Cited by1 opinion
- Holman v. HolmanUtah Supreme Court · 1938