Civille
Civille v. Civille
Opinion
Lead Opinion
Shaw, J.
Action for divorce. Judgment for defendant, from which, and an order of court denying his motion for a new trial, plaintiff appeals.
On April 22, 1911, plaintiff filed his complaint alleging that on March 21, 1910, defendant, without cause and against his consent, willfully deserted and abandoned him, which desertion on the part of defendant without cause continued to the date of the commencement of the action. Defendant answered admitting the desertion, as set forth in the complaint, but alleged that on and ever since March 21, 1910, she had refused to live with plaintiff “because of the association of said plaintiff with one Ida Beckett, and because the said plaintiff for a long time prior to said date did associate with said Ida Beckett against defendant’s will and consent, and because the said plaintiff did for a long time prior to March 21, 1910, exhibit on his part great indifference toward this defendant and neglected her because of said association with said Ida Beckett.” Upon the issue thus joined the court found: “That prior to March 21, 1910, she (defendant) demanded of and requested the said plaintiff to desist from associating or keeping company with said other…