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2 Posey 451

Roberson v. Roberson

Texas Commission of Appeals

Decided July 1, 1882

Texas Commission of Appeals · decided 1882-07-01

Opinion bji Delaney, J. Statement.— This suit was brought by appellant against appellee, March 1, 1881. lie alleged that he and defendant, Amanda C. Roberson, were married in Kentucky in 1844; that they lived together in that state until the year 1868, when she wilfully, voluntarily and without any cause or provocation abandoned his bed and board, and had never returned. He also avers that she left him with the intention of perpetual abandonment.

Decided 1882-07-01

¶1Opinion.— In our opinion there is no error in the judgment of the court below. Every fact attested by the witness in this case might be true, and yet the defendant might have been driven from her home by the plaintiff, or at least she might have left it with his consent. In accordance with the rule announced in McGowan v. McGowan, *45252 Tex., 567, the plaintiff should have produced at least some reasonable measure of proof that he “ neither caused nor procured nor consented to the separation.” Plaintiff’s evidence falls far short of this.

¶2Judgment affirmed.

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