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1 Wright 284

Mansfield v. Mansfield

Ohio Supreme Court

Decided May 15, 1833

Ohio Supreme Court · decided 1833-05-15

Divorce. Cause, wilful absence and adultery with a certain woman. It appeared in evidence that these parties removed into Butler county in 1819, and there lived together until 1828. He left her eight or nine years since and went to Cincinnati, saying, he' could not live with that woman, and would not.

Decided 1833-05-15

BY THE COURT.

¶1This bill must be dismissed. We do not sit here to enforce contracts of separation between husband and wife,in 285] the *shape of a decree for a divorce. The whole proceeding for divorce is strictly adversary; if it appear there is collusion between the parties, or an agreement, or that a divorce is prayed for, for a cause which has been forgiven by the parties, a divorce is never decreed. The proof of adultery cannot be received under this petition.

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