67 P. 1064 | Utah | 1902
F. E. Eisk filed his complaint in the district court of Carbon county against his wife, the defendant, Gr. Allie Fisk, asking for a decree of divorce on the ground of desertion. The defendant, a non-resident of the State,, was personally served with summons, appeared in the action, and answered, admitting the marriage, and that the plaintiff was a resident of the State of Utah, but denied the alleged desertion. By way of counterclaim the defendant, in her answer, alleged the residence of the plaintiff to have been in the State of Utah for more than one year, and also alleged the marriage of the parties, and charged the plaintiff with extreme cruelty, and that, though having sufficient ability to do so, he had neglected and refused to provide her with the common necessaries of life for a considerable time prior to the commencement of the suit; that one child, by the name of Russell T. Fisk, two years of age, was in her custody, and was the only living issue of the marriage. She prays for a decree of divorce from the plaintiff, that the care and custody of the child be awarded to her, and that she be awarded a
Section 1208, Revised Statutes 1898, so far as material here,'reads as follows: “Proceedings in divorce shall be commenced and conducted in the manner provided by law for proceedings in civil cases, except as hereinafter provided, and the court may decree a dissolution of the marriage contract between the plaintiff and defendant in all cases wherein the
We find no reversible error in the record. The decree and order of the district court is affirmed, with costs.