Legal Opinion

Maxwell v. Maxwell

West Virginia Supreme Court

Decided January 26, 1915PublishedCited by 2 opinions

Appeal from Circuit Court, Ohio County.* Suit, by Emma W. Maxwell against A. 0. Maxwell. Prom a decree for defendant, plaintiff appeals. •

1Opinion of the Court

Lynch, Judge:

This suit is the fifth of a series brought to obtain a divorce, three by the wife, two by the husband, relief being denied in all of them save one dismissed on her motion. In this suit, and in the one immediately preceding it, she alleged as one ground for relief abandonment by her husband in January, 1907. By answer, defendant denies desertion by him, and affirms desertion by her. Their testimony is equally positive and conflicting.. No witness corroborates either of them. None other testified on the subject. The burden was on plaintiff to establish the fact averred; but the…

2Cases cited5 opinions

  1. Miller v. MillerSupreme Court of Virginia · 1895
  2. Maxwell v. MaxwellWest Virginia Supreme Court · 1911
  3. Ogilvie v. OgilvieOregon Supreme Court · 1900
  4. Musgrave v. MusgraveSupreme Court of Pennsylvania · 1898
  5. Prather v. PratherSupreme Court of Kansas · 1881

3Cited by2 opinions

  1. Kittle v. KittleWest Virginia Supreme Court · 1920
  2. Miles v. MilesWest Virginia Supreme Court · 1948

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