Wolf v. Wolf

Decided April 15, 1833

Divorce. Cause, wilful absence more than three years. The defendant in her answer denied that she left the complainant’s house, but alleged that she attended to her duties, until at his request she left him, in order that he might get a wife more suited to his character. As the cause was called on to hearing, leave was asked .and obtained by the defendant to withdraw her answer. Several witnesses were examined by the plaintiff.

Decided 1833-04-15

BY THE COURT.

¶1We find it impossible to shake off the suspicion that the true state of this case is not disclosed to us. The conduct of the parties, the withdrawal of the answer, the matter-stated in it, the manner of the separation, and the subsequent acts 244] and declara-*tions, excite suspicion. It is incredible that the-relation of man and wife should have been broken up, for the only reason disclosed in evidence. There must be something kept back by collusion, or otherwise. In this state of the case, the plaintiff' may dismiss his bill, without prejudice, or continue it, as he shall be advised.

¶2The cause was continued.

¶3At May term, 1834, the cause was again brought to hearing,, and further evidence heard. A divorce was decreed, and the plaintiff ordered to pay two hundred and fifty dollars alimony.