McLachlan
McLachlan v. McLachlan
Opinion
Lead Opinion
York, J.
This appeal is from an interlocutory decree of divorce granted to plaintiff, and from an order denying the defendant’s motion for a new trial based upon the ground that the decision is contrary to the evidence.
There was evidence introduced proving or tending to prove the following facts: The plaintiff and defendant intermarried on the twentieth day of December, 1910, at Victoria, Texas. In the spring of 1912 they came to El Centro, which is situated in the Imperial Valley in California, where they lived for about two months, after which defendant returned to Victoria. However, she made another trip to El Centro the following winter, and in the spring of 1913 again returned to Victoria because of her ill health, and has since then lived in Victoria with her mother, separate and apart from her husband, except for visits made each year by the plaintiff to Victoria. His last visit was made at Christmas time in 1924. Meantime, the plaintiff was employed at El Centro earning a salary of $533 per month, and in addition operated a 160-acre cotton ranch, which he owned. At various times during the years, the plaintiff requested the defendant to come to California and make her home with…