Legal Opinion · Dissent

Milne v. Milne

Court of Appeals of Arkansas

Decided September 12, 1979No. CA 79-110Published

1DissentMarian F. Penix, Judge

I agree with the majority opinion that the wife’s allegation of adultery against the husband was not such an indignity against the husband as to constitute a ground for divorce. He admitted adultery. I must, however, dissent to the majority’s rationale and interpretation of the caselaw of Arkansas. The majority holds the chancellor properly could consider the husband’s adultery as a basis for his decree in favor of the wife.

Arkansas long has been in the forefront of those states encouraging — and even making compulsory — the inclusion in one lawsuit of all matters which might conveniently be…

2Cases cited4 opinions

  1. Buck v. BuckSupreme Court of Arkansas · 1944
  2. Troxler v. SpencerSupreme Court of Arkansas · 1954
  3. City of Stamps v. BeasleySupreme Court of Arkansas · 1954
  4. Smith v. PriceSupreme Court of Arkansas · 1912

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