Edward Douglass White

“ If the husband voluntarily does that which compels the wife to leave him, or justifies her in so doing, the inference may be justly drawn that he intended to produce that result, on the familiar principle that sane men usually mean to produce those results which naturally and legitimately flow from their actions. ”

“ There a bill was filed in a Federal court in Wisconsin to enforce judgment for alimony under a decree of separation a mensa et thoro, rendered against a husband in New York. It was shown by the evidence that, to avoid the payment of the alimony, the husband had left the state of New York, the matrimonial domicil, and taken up his residence in the state of Wisconsin, where he obtained a decree of divorce on the ground of desertion by the wife. ”

“ In Illinois, it is contended, it has been settled that a decree in a suit for separate maintenance is not res judicata in a suit for divorce on the ground of desertion, and vice versa; therefore the Illinois decree should not have been given in California any greater effect. ”

“ It was recited, among other things, in this decree that the court, 'doth find that the said complainant, at the time of the commencement of this suit, was living, and ever since that time has lived, and is now living, separate and apart from her husband, the said defendant, without her fault, and that the equities of this cause are with the complainant.' The decree awarded to the wife sums for her separate maintenance and for the support of the children up to the time of their becoming of age and a further sum for the fees of the solicitors of the wife and other expenses of the litigation. ”

“ At common law the husband was liable in an action at law at the suit of any person furnishing to the wife necessaries suitable to her condition in life, if the wife was residing apart from him because of his wilful and improper treatment of her, or by his consent. ”

“ I further offer and stand ready to make such other or further or different stipulation by an amendment of the pleadings or otherwise, as may, in the opinion of your honor, be required to make it unnecessary for the court to hear and decide upon the issues in evidence in this case after a long and expensive hearing. ”

“ This was alleged to be error, on the ground that the verdict of the jury on the issue of divorce, in favor of the wife, was a judicial determination, establishing the facts alleged in her cross bill, and justifying her in living apart from her husband. ”