Barnhart v. Barnhart
Barnhart v. Barnhart
Opinion of the Court
The plaintiff brings this action, seeking dissolution of the bonds of matrimony existing be- : tween herself and the defendant. The trial court declined to grant the divorce, and entered a judgment dismissing the action. From this judgment, the ;
plaintiff appeals.
The record shows that the parties were married in the month of December, 1915. As a result of this ! marriage, one child was born, who, at the time of the trial, was approximately two years of age. The evidence shows beyond controversy that the appellant,
The judgment will be reversed, and the cause remanded with directions to the superior court 'to enter a judgment for the appellant in accordance with the prayer of her complaint.
Reversed.
Holcomb, C. J., Parker, Mackintosh, and Mitchell, JJ., concur.
Reference
- Full Case Name
- Alva Barnhart v. Johnson Barnhart
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Divorce (8-2)—Grounds—Failure to Support. Where abandonment had existed for more than a year and the husband had failed to support the wife for a length of time which indicated a settled purpose to disregard his duty, it is error to refuse the wife a divorce. 1