¶1We continued this caselastyear, doubtingthe propriety of granting the divorce, and in the hope, then expressed, that the mutual friends of the parties would exert influence enough to reconcile their differences and bring them together again. That ■expectation has not been realized. We, at first, supposed this separation resulted from compromise, but the testimony establishes the husband’s desire that his wife should continue with him, and leaves ■it to fair inference, that his making no resistance to her taking away her effects, arose rather from a desire of peace and reconciliation, than from any arrangement with her, for a division of their effects and separate living. Upon the whole we feel bound to decree a -divorce, and the custody of the youngest daughter to the mother. The father stands charged with her support, if needed, and will be .enjoined from preventing the mother’s intercourse with the children.
1 Wright 719
Leavitt v. Leavitt
Decided August 15, 1834
Ohio Supreme Court · decided 1834-08-15
Divorce. Cause, wilful absence more than three years. It appeared in evidence that the parties were married in 1821, in Portage county, and lived together about seven years, harmoniously, during which time she had three children. She became dissatisfied at having children so fast with their poor means of supporting them, and determined to leave him.
Decided 1834-08-15