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1 Wright 454

Johnston v. Johnston

Ohio Supreme Court

Decided September 15, 1833

Ohio Supreme Court · decided 1833-09-15

Divorce. Cause alleged, wilful absence more than three years, and adultery with Susanna Lines. A witness testified to the marriage of the parties, their living together, and having children. He frequently left his family poorly provided for, but would return occasionally and live with them. It had been so for six or seven years.

Decided 1833-09-15

BY THE COURT.

¶1You make a case for alimony, hut not for a divorce. The absence has not been long enough to be within the statute — the adultery may be suspected, but is not proven. He is ordered to pay $50 in ten days, for present subsistence and expenses, and $50 every ninety days thereafter, for the support of the complainant and the children, and is enjoined from interfering to control her person or earnings, or with the children, until the further order of the court. The cause is continued.

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