Payton v. Payton

OPINION OP THE COURT.

BOTTS, J.

Suit for divorce by the husband, wherein he alleged and proved the marriage of the parties in this state and the subsequent abandonment by the wife. Upon leaving the plaintiff, the wife went to the state of New York, taking with her a minor child, the only issue of the marriage. Service was had by publication, and the wife at no time personally appeared, but both she and the child were outside of the state during all of the time material to the questions raised. After hearing, the court granted the husband a divorce, but incorporated in the decree an order…