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1 Wright 491

Questel v. Questel

Ohio Supreme Court

Decided April 15, 1834

Ohio Supreme Court · decided 1834-04-15

Divorce and alimony — cause, extreme cruelty by beating, &c. The petitioner is about fifty years old, decrepid and feeble — the-defendant sixty. They were married in 1823, and soon after it became notorious that they quarrelled. In 1S29 or 1830, several witnesses saw him standing over her in th'e door of his own house in a. violent passion — she was crying, her hair down, and clothes disordered. He threatened the witnesses, to keep them away, as they thought.

Decided 1834-04-15

BY THE COURT.

¶1Where parties live together after the injury-complained of, it is held a forgiveness of the injury, and to prevent a recurrence to it as a distinct cause of divorce. Such is this case,- and the cruelty, therefore, is to be left out of the question.

¶2But the treatment of the wife which is in proof, and the separation of the parties, and the attempt made to take from her the means of subsistence, we think affords good ground to allow her a. separate maintenance.

¶3It is therefore decreed, that she retain the possession of the house-that she now occupies, free of charge, and that he pay to the clerk for her use and maintenance, $37.50 in thirty- days, and the costs-of this suit, the further sum of $37.50, by the last of October next, and the like sum every six months, thereafter, during their joint lives, to be charged on his real estate; and in default, that execution issue. But if the defendant shall execute a bond with security to the acceptance of the clerk, conditioned to pay the amount, with-a warrant of attorney to confess judgment, in case of default, the. lien on the real estate from thence! orth shall cease.

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