68 Fla. 519 | Fla. | 1914
The appellant as complainant below filed her bill in equity in the Circuit Court of Duval County against the appellee as defendant below praying for alimony for the support of herself and child and for attorneys fees. In brief her bill alleges that she and the defendant
The defendant answered the bill in which he denies every material averment therein, except the marriage to complainant and the birth of their child, and asserts that the complainant wife has wilfully deserted and abandoned him without just cause except an unreasonable and groundless jealousy towards another woman, and asserts that his salary is only the sum of $15 per week, instead of $50 as alleged. The defendant husband also filed a cross-bill in which he prays for an absolute divorce from his said wife on the ground of her alleged wilful, obstinate and continuous abandonment and desertion of him for a period of more than a year prior to the filing of his cross-bill. By agreement of the attorneys for the respective
The defendant wife to the cross-bill answered the same, denying in terms its every material allegation, and alleging that the husband deserted her, instead of she him as he alleged in his cross-bill, and further alleges illicit attentions on his part towards another woman named. Replications were filed to the respective answers, a master was appointed to take ánd report the evidence and his findings from such evidence, which was done and on the pleadings and evidence reported at the final hearnig of the cause the Chancellor entered a final decree dismissing the original bill filed for alimony by the complainant wife, and granting an absolute divorce on the defendant husband’s cross-bill. This decree the complainant wife brings here for review by appeal.
There was no evidence offered on behalf of the complainant wife. The defendant husband introduced quite a lot of evidence in support of his cross-bill, and without reiterating it here, we cannot say that the Chancellor erred in his finding from the evidence that the complainant wife did without just cause wilfully desert and abandon her said husband, and that such desertion continued obstinately for more than a year prior to the filing of the cross-bill herein.
The decree appealed from is therefore hereby affirmed, at cost of the appellee husband.