Ohio Court of Appeals, 1939

Metzger v. Metzger

Metzger v. Metzger
Ohio Court of Appeals · Decided February 20, 1939 · Hamilton, Matthews, Ross
29 Ohio Law. Abs. 344; 1939 Ohio Misc. LEXIS 1148

Metzger v. Metzger

Opinion of the Court

OPINION

By ROSS, J.

Appeal on questions of law from the court of common pleas, division of domestic relations.

The evidence introduced before the court in this uncontested divorce case clearly and convincingly develops that the defendant had been wilfully absent for a period of more than four years. In spite of this fact, the court refused the plaintiff a divorce. In this, the court committed prejudicial and reversible error.

The case is remanded to the court of common pleas, division of domestic relations, with instructions to that Court to enter a decree of divorce for the plaintiff.

HAMILTON, PJ, and MATTHEWS, J, concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.