Leavitt v. Leavitt

Ohio Supreme Court

Leavitt v. Leavitt

1 Wright 719, 1 Ohio Ch. 719

DecidedAugust 15, 1834

StatusPublished

This text of 1 Wright 719 (Leavitt v. Leavitt) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Leavitt v. Leavitt, 1 Wright 719, 1 Ohio Ch. 719 (Ohio 1834).

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Opinion

BY THE COURT.

We continued this caselastyear, doubtingthe propriety of granting the divorce, and in the hope, then expressed, that the mutual friends of the parties would exert influence enough to reconcile their differences and bring them together again. That ■expectation has not been realized. We, at first, supposed this separation resulted from compromise, but the testimony establishes the husband’s desire that his wife should continue with him, and leaves ■it to fair inference, that his making no resistance to her taking away her effects, arose rather from a desire of peace and reconciliation, than from any arrangement with her, for a division of their effects and separate living. Upon the whole we feel bound to decree a -divorce, and the custody of the youngest daughter to the mother. The father stands charged with her support, if needed, and will be .enjoined from preventing the mother’s intercourse with the children.

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BY THE COURT.

We continued this caselastyear, doubtingthe propriety of granting the divorce, and in the hope, then expressed, that the mutual friends of the parties would exert influence enough to reconcile their differences and bring them together again. That ■expectation has not been realized. We, at first, supposed this separation resulted from compromise, but the testimony establishes the husband’s desire that his wife should continue with him, and leaves ■it to fair inference, that his making no resistance to her taking away her effects, arose rather from a desire of peace and reconciliation, than from any arrangement with her, for a division of their effects and separate living. Upon the whole we feel bound to decree a -divorce, and the custody of the youngest daughter to the mother. The father stands charged with her support, if needed, and will be .enjoined from preventing the mother’s intercourse with the children.

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Bluebook (online)

1 Wright 719, 1 Ohio Ch. 719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leavitt-v-leavitt-ohio-1834.