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1 Wright 475

Barnes v. Barnes

Ohio Supreme Court

Decided October 15, 1833

Ohio Supreme Court · decided 1833-10-15

Divorce. Cause, extreme cruelty and wilful absence. These parties were married in Muskingum in 1829. She had a child before •she was married, but afterwards her character was good. He be•came intemperate, and neglected to provide food or clothing; was frequently absent. . He abused her person by blows, and she struck back, after which they became reconciled, and lived together, and again quarrelled.

Decided 1833-10-15

BY THE COURT.

¶1One cause alleged for the divorce is extreme-cruelty. Sufficient of cruelty has been proven to ground a decree upon, but the whole has been forgiven, and the parties afterwards lived together. After condonation, parties are not allowed to look back to a previous offence, as a ground of divorce. That is this-case. The absence, if for a sufficient time to entitle a party to a divorce, was by her own procurement. She hired her husband to leave her, and furnished him the means to go away. His absence-will not, therefore, avail.

¶2Divorce refused.

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