1 Wright 210
Decided April 15, 1833
Ohio Supreme Court · decided 1833-04-15
Divorce. The bill alleges a marriage, twenty-three years ago; that the defendant enlisted into the army as a soldier; that the petitioner has raised her family by her own industry without his aid; that he is intemperate, and has been absent for more than three years. 2111 *The answer denies that the defendant left, orhas separated from his wife willingly; but avers that he ever has wished, and still wishes to live with her.
Decided 1833-04-15
¶1This might possibly be a case for a divorce from bed and board; but the legislature, for reasons unknown to us, have taken from the court the power of granting such divorce. The wife has driven off her husband, and now seeks a divorce, because of his wilful absence. She was doubtless right in refusing to live with, or support a husband always drunk, but that does not make a case of wilful absence on his part.
¶2Bill dismissed.