Stoneburner v. Stoneburner

Citations

• 11 Idaho 603
• 83 P. 938
• 1905 Ida. LEXIS 92

Syllabus

<p>Divorce — Desertion—Recrimination—Reconciliation.</p> <p>1. Divoree is a remedy for the innoeent and will not be granted to one who is shown to be guilty of a similar offense against the marital contract as that of which he or she complains.</p> <p>2. The defense or recrimination in divoree suits is recognized and adopted by sections 2464 and 2466 of the Revised Statutes, and constitutes a complete bar to a recovery where the defendant shows a valid existing cause of action against the plaintiff.</p> <p>3. As to whether or not a husband can, while himself a deserter of his wife, change the domicile to a foreign jurisdiction, and after causing the wife to go to such jurisdiction, in defending an action prosecuted by him, and there solicit her to come and live with him in the new home and thereby convert her into a deserter of her husband, considered.</p> <p>4. In cases of desertion the offending party may at any time return and offer reconciliation, and the injured spouse cannot rejeet such offer if made prior to the expiration of the one year period during which time the desertion ripens into a cause of action, but if made after the right of action has accrued, the injured spouse may reject such offer without thereby assuming the attitude of an offender against the marital contract.</p> <p>5. Evidence examined and considered and held insufficient to warrant a decree of divorce in favor of the plaintiff.</p> <p>(Syllabus by the court.)</p>