Code Pleading, Practice and Forms; Adapted to Ohio Laws, But Applicable to All Code States Volume 2

Code Pleading, Practice and Forms; Adapted to Ohio Laws, But Applicable to All Code States Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...both were domiciled. To the wife's petition for divorce and alimony, he appeared and answered, setting up a decree of divorce got by him in another state, in a proceeding wherein there was only constructive service on her, and of which she had no actual notice. On these facts it was held that the "domicile of the wife remained unaffected by the desertion of the husband, and that the decree for divorce was no defense to her petition for alimony."' A and P were married in one state, their domicile, which A retained, but P went to another state where she obtained a divorce a v1"ncul0 from A, but as there was no personal service on him, her application for alimony "was dismissed without prejudice, and to enable her to sue for it elsewhere." On her suit here for alimony alone, and to reach property of A, in which he was served and answered, and wherein also the court found sufficient cause for alimony, the right thus to sue for and have an allowance of reasonable alimony was sustained." But where a wife obtains a. divorce in this state without a decree for alimony, the husband being personally served, she cannot thereafter maintain a separate action for it." Yet the policy of the law does not require a wife to become reconciled to a husband at her peril, and where this is followed by a second, separation, she is not barred from a second suit for alimony, by the fact of a prior decree for money on the first separation." So, when a petition for divorce failed for lack of proof, but the court found that the plaintiff had cause for living apart from her husband, it was held that alimony might be awarded to her." And the allowance may be in property, personal or real, and if more

Product details

  • Paperback | 472 pages
  • 189 x 246 x 24mm | 835g
  • United States
  • English
  • black & white illustrations
  • 1236920805
  • 9781236920805