65 Vt. 109 | Vt. | 1893
The opinion of the court was delivered by
A divorce is claimed on the ground of neglect and refusal to support. As the result of a family quarrel the parties separated in mutual fault, the husband telling the wife to go, and the wife leaving. The court below found the marriage and residence proved as alleged in the petition, and that the husband was of sufficient pecuniary ability to support his wife. The case shows that he neglected and refused to do so, and still persists therein. The question is whether such neglect and refusal was without cause, gross, wanton and cruel. If it was, the libellant was entitled to a divorce. Do the facts shown by the exceptions constitute such a neglect and refusal? The parties separated in November, 1887. The libellant remained in the vicinity of her husband until the bringing of the libel, supporting herself by manual labor, aided by a pittance of temporary alimony. He did not visit her, made no reply to her requests to come and see her, nor to her proposal to go home with him, and when, in October, 1888, she went, with her personal baggage, to his home “for the purpose of resuming her office as a dutiful wife and foster mother,” he declined to shake hands with her, told the driver of the team not to leave her baggage
The judgment dismissing the -petition is reversed, and a bill of divorce granted for neglect and refiisal to support. The cause is remanded to the county court for a hearing upon the subject of alimony.