Roberson v. Roberson

Decided May 15, 1884

Texas Supreme Court · decided 1884-05-15

STATEMENT. This suit was brought by appellant against appellee, March 1st, 1881. He alleged that he and defendant, Amanda C. Roberson, were married in Keutucky 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.

Relies on Solyer v. Romanet

Decided 1884-05-15

¶1 *23OPINION.

¶2In 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.

¶3In accordance with the rule announced in McGown vs. McGown, (52 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.”

¶4The plaintiff’s evidence falls far short of this. The judgment should be affirmed.

¶5Report of commissioners Of appeals adopted and the judgment affirmed.

¶6Opinion by

Delaney, Commissioner,

¶7adopted.