[Download] "Selma Ann Schreiber v. David Louis" by District of Columbia Court of Appeals. * Book PDF Kindle ePub Free

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eBook details

• Title: Selma Ann Schreiber v. David Louis
• Author : District of Columbia Court of Appeals.
• Release Date : January 05, 1958
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

HOOD, Associate Judge. This is an action by a wife for an absolute divorce on the ground of desertion. She sought to prove
that by reason of her husband's conduct she was forced to leave him, and that he therefore was guilty of constructive desertion.
The case was here once before. We reversed a dismissal of her action and ordered a new trial because of an erroneous ruling
relating to the requirement of corroboration. 1 The new trial before another Judge also resulted in a dismissal. The trial
court found that the evidence showed a picture of marital discord occasioned largely by arguments concerning the husband's
failure or inability to attend to business and earn the money necessary to properly support the family. The court further
found an incompatibility of temperaments with resulting unhappiness on the part of both, but found no evidence of physical
abuse by the husband who showed his resentment of the situation by 'loud talk at times, by throwing the furniture against
the wall, and then by periods of silence.' Weighing the testimony 'in the light of exaggeration and emotion' of the witnesses,
the trial court concluded that the evidence did not establish cruelty which would entitle the wife to a limited divorce on
that ground, and consequently did not establish a case of constructive desertion. On this appeal the first contention is that the trial court was in error in ruling that in order to justify her abandonment
of her husband, i. e., to establish his constructive desertion, and thereby establish her case for an absolute divorce on
the ground of desertion, it was necessary that she prove the conduct of her husband amounted to such cruelty as would warrant
a limited divorce on that ground. 2

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