Washington v. Washington
Washington v. Washington
Opinion of the Court
delivered the opinion of the court.
This bill was filed by Ida A. Washington to obtain a divorce from her husband, Henry Washington, on the ground of desertion.
The statute provides that where either party wilfully deserts or abandons the other for three years, a divorce from the bond of matrimony may be decreed (Code, 1904, sec. 2257) ; and further provides that where desertion is the ground, the husband or wife may testify. Code, 1904, sec. 3346a.
The circuit court having denied the divorce, its decree must be reversed and the cause remanded for a decree to be entered in conformity with this opinion.
Reversed.
Reference
- Cited By
- 8 cases
- Status
- Published
- Syllabus
- 1. Divorce — Desertion—Proof.—Wherever there is an actual breaking off of matrimonial cohabitation, coupled with the intent to desert in the mind of the offender, in such case desertion is established; long continued absence without detaining cause being the most potent means of proving the intent to desert.