26 Kan. 273 | Kan. | 1881
This was an action of divorce. Defendant in error brought his action in the district court of Atchison county for divorce from his wife, on the ground of abandonment, and obtained a decree therefor. The testimony is not preserved in the record, and the case comes before us for review upon simply the pleadings and findings of fact.
Two questions are presented : First, whether the petition is sufficient; and second, whether the facts as found entitle the plaintiff to a decree. Both these questions must be resolved in favor of the rulings of the district court. It appears from the findings that the parties were married on February 20th, 1877, the plaintiff being 63 and the defendant 43 years of age. They immediately went to housekeeping in the hus-' band’s house, which he had owned and occupied for about 20 years previous. Here they lived together until April, 1878, when the wife abandoned the apartments of the husband and sought others in the same house, which latter she continued to occupy until August 5th, when she left the premises without the knowledge or consent of her husband; and thereafter,, on August 21st, brought her action for separate maintenance. She was defeated in such action, and something more than a year after leaving her husband’s house this action for divorce on the ground of abandonment was brought.
The objection made to the petition, as stated by counsel for plaintiff in error, is, that “the petition alleges that the original abandonment was without defendant’s consent, but does not allege that the continued absence was without such consent.” The language of the petition is as follows: “That defendant, about the month of April, 1878, entirely abandoned the apartments and bed of the plaintiff, and with her little child by a former marriage occupied rooms and apartments separate and apart from the plaintiff, and on an upper and different floor from plaintiff, against his wishes and remonstrances, until the 5th day of August, 1879, when she utterly abandoned this plaintiff and his bed and board and
It seems to us, as it doubtless appeared to the district court, that she was speculating on his property, and the district court properly gave no encouragement to such attempted speculation.
The judgment of the district court was right, and must be affirmed.