Dayton v. Dayton

148 S.E. 118, 107 W. Va. 299, 1929 W. Va. LEXIS 81

• Court: West Virginia Supreme Court
• Decided: April 30, 1929
• Docket: 6374
• Status: Published

Opinion

HatcheR, Judge:

This is a suit for divorce, charging cruel and inhuman treatment. Depositions were taken on behalf of each party. The divorce commissioner found against plaintiff, and the circuit court upheld that finding.

The evidence does not substantiate charges of personal cruelty. The plaintiff testified, however, that the defendant had accused her of marital infidelity. The defendant ad mitted that be bad accused ber of being out in tbe woods or park at nigbt for immoral purposes, and that bis accusation was based solely on suspicion. Tbe plaintiff gave plausible explanations of tbe facts wbicb aroused defendant’s suspicions and denied any improper conduct. His accusation amounts to a charge of prostitution, and ithe plaintiff’s uncontradicted testimony establishes its falsity. Under section 6, chapter 64, Code, a false charge of prostitution made by tbe husband against tbe wife is deemed cruel treatment, and is ground for a limited divorce. Tbe plaintiff is, therefore, entitled to a divorce a mensa and tbe decree of tbe circuit court will be reversed, and tbe cause remanded.

Reversed and remanded.