Ogden v. Ogden
Ogden v. Ogden
Opinion of the Court
This was a suit by appellant against his wife, the appellee, for a divorce, based upon the statutory ground of abandonment. The wife was alleged to have abandoned plaintiff in August, 1907, and the petition in the suit was filed October 28, 1910. Upon trial before the court, without a jury, judgment was rendered denying the divorce.
Plaintiff testified: That he was married to the defendant in 1906 and she left him about August, 1907, and had continuously remained away from him ever since. That he had not written her or made any effort to induce her to return since the separation. That during the entire time they lived together he treated her with kindness, affection, and forbearance, provided for her support and maintenance, and never gave her any cause whatever to leave him. That he did not drink or gamble, and had no trouble with his wife, except that she was very quarrelsome, but that he did not quarrel with her, and before her final abandonment in August, 1907, she had previously quit him and stayed away for about a month. The final separation took place about two or three months after she returned after leaving him the first time. That he did not know why she left him, as she never told him why, and he had not seen her since. That he still loves his wife. That he had no particular reason for desiring a divorce, except that they were not living together. He was not going with any other young woman, nor contemplating marrying again, and that there was no understanding or agreement between himself and any other woman that they would marry if he got his divorce.
D. A. Ogden, father of the plaintiff, testified that plaintiff and his wife had not lived together since August, 1907. Mrs. Della Bamsey testified that during the month of August, 1907, she and her husband lived in the house adjoining the one occupied by plaintiff and his wife; that she did not know just how long they had been separated; but that about three years before she saw the wife leave the plaintiff’s house one day in a buggy in company with her mother.
We therefore reverse and remand this cause for retrial.
Reference
- Full Case Name
- Ogden v. Ogden.
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