The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1912-01-18
For Many Unhappy Married
Couples Who Desire Di-
yorce DEGREES.
BY COURT
Of Appeals Of the State in
WeIlsburg Case is the
Cause.

Brooke county, W. va, in general,
and Weiaburg, IN particular, is
considered by many as the Reno OF
The eastern part Of the country, anal
in consequence the city and county
have been Mecca for married per-
sons seeking divorce. They have
accumulated in and near WellsburgI
TO the number Of about seventy-aye
Who wish TO have the nuptial ties
severed, some Of them coming
from Maine, some from New York,
some from the South, but all for the
same purpose. They are Of the
impression that a recent decision Of
the supreme court of appeals of this
state assures them of divorce after
making residence in the state for a
period Of one year. The fact that
the case on which they base their
conclusion is one from the county
Of Brooke is the reason assigned for
their going to that particular coun.
t. to spend their year.
The supreme court decision is
that in the case Of Netue Carly
against Hugh Carly. The circuit
court was reversed by the higher
court, and a decree Of divorce was
entered. The matter was decided byt
the supreme court December 10. and
Judge Robinson wrote the opinion,
which is one that has attracted at.
tention all over the country. The
highest court of the state finds, in
This opinion that a wife, deserted
by the husband without cause at the
martial domicile in another state
may acquire in good faith a separate
domicile in this state and under our
lrJYs obtain divorce on the ground
~ the desertion, though the hus-
band is a nonresident and is only
constructively served by publication. (
Where the plaintiff in a suit or
divorce has been actually and in
good faith domiciled in this state
for one year next preceding the
bringing OF the suit, it is no valid
reason against granting the relief
that the original marriage status
was in another state, or that the
cause for which the divorce is
sought arose outside of the state, or
that the defendant is a nonresident
and only constructively notified.
Mrs Carly was refused a divorce by
the circuit court of Brooke county
on October 30, 1909. 1t was an
action ior an absolute separation.
She had been married to Hugh Carly
since July II, 1908, and they lived
together at Follsanbee, W. Va, and
at Niles. 0. until July 6, 1906. At
that time the wife was visiting her
parents in Brooke county, and re-
ceived letter from her husband in
which it was asserted he intended 20
desert her, which he did, and the
I gmplainant claimed at the time Of
Ne hearing that she did not know
his whereabout Since that time
ne wife has been resident OF
Brooke county and has earned her
own living,
The letter she received from her
husband was as follows:
"Dear wife. BY the time you get
this letter ! will be gone am
Bending your clothes so'you had bet
ter get job for there is no use in
me trying to make things go.
have no work, l got done in the tin
mill the goods are here but you
know what is owing and can't
keep house any longer in fact We
both made big mistake.
Goodbye"
After she received this letter she
won't to Niles and found that her
husband had disposed OF the house
hold goods and that their home was
empty, The opinion Of the circuit
court, with Judge Frank W. Nesbitt
presiding, was to the eject that the
grounds of action arose outside Of
the state and that the jurisdiction
OF the court was obtained only by
constructive services; that the de-
PENDANT was nonresident of the
state Of West Virginia and that the
marriage status was outside of the
state.