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1 Wright 224

Reed v. Reed

Ohio Supreme Court

Decided April 15, 1833

Ohio Supreme Court · decided 1833-04-15

<p>Divorce — wilful absence' — leaving with intent to return.</p> <p>There must be full three years’ wilful absence to allow a divorce for that cause.</p> <p>Where the husband leaves his wife intending to return, but afterwards determines to continue away, he will be considered wilfully absent, from the time he resolved not to return.</p>

Decided 1833-04-15

BY THE COURT.

¶1There must be three years’ wilful absence to entitle the complainant to a divorce for that cause. This bill was filed the 8th December, 1832. In the winter of 1829, ’30, the defendant left home to peddle clocks, and was in Kentucky, but a short distance from his family, and Avrote home. He seemed then to contemplate a return. If it was after he Avas stripped of his property that he determined not to return, then the time of his wilful absence Avould begin to run at that date, and three years from that time had not transpired Avhen this bill Avas filed.

¶2The bill is dismissed without prejudice.

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