Stone v. Stone
Stone v. Stone
Opinion of the Court
We have given careful consideration to the testimony in this cause. An argumentative discussion of it wopld be unpleasant as well as unprofitable, and we shall therefore simply state our conclusion.
From the evidence as a whole, including some weighty admissions found in complainant's own testimony, we are reasonably satisfied that he was not free from fault in causing the abandonment complained of.
Complainant’s own testimony shows that he had made provision for the family housekeeping contingently upon respondent’s departure from his home; that he assisted her in her preparation to depart on a previous occasion; and that he informed her shortly before her departure that if she went away “she was not coming back.” These circumstances, in connection with other positive testimony, lead to the conclusion that complainant has assented to respondent’s continued absence since her departure, and would not be entitled to a divorce on the ground of abandonment until he has revoked that assent and held out to respondent the opportunity to return and resume the suspended marital relation.
The decree of the circuit court will be reversed as to the relief granted on the original bill, and a decree will be here rendered denying that relief.
In other respects the decree will be affirmed, and the cause will be remanded for reference and report as ordered.
Reversed and rendered in part, and affirmed in part.
Reference
- Full Case Name
- Stone v. Stone.
- Cited By
- 7 cases
- Status
- Published