White Pine news weekly mining review. [volume] (East Ely, Nev.) 1910-1920, 1912-05-12
NEW WRINKLE IN
DIVORCE RULING
JUDGE MORAN APPROVES THAT
PART OF TIME OF ALLEGED
'DESERTION' CAN APPLY To-
WARDS ESTABLISHING RESI-
DENCE.

Judge T. F. Moran of the Second
Judicial District court of Reno, and
who is we'll known In Ely, has
propounded a new theory of pro-
cedure in his consideration of di-
vorce hearings in Nevada. His
ideas on the subject we're exemplif-
ed recently. when he gave approx
al to the contention that practical
ly six months of the twelve requir-
ed to make desertion a cause can
be occupied by the plaintiff in es-
tablishing a residence.
In other words, while the statute
describes desertion necessary to be
a ground of divorce as desertion
continuing for a period of n year
it is now possible after six months of
desertion and without further cor
respondence, for the plaintiff to use
up the remainder of the year in
securing a residence. Carrying this
theory a little further and assuming
that the elapsed time for divorce
may amount TO eight months. includ-
ing six months for residence and two
months before filing complaint, ii
may soon be possible for the eager
spouse to leave her home after four
months of actual desertion, trust
ing TO add the eight month of ex-
lie to the four and make up the year
of 'desertion."
The case that brought out the
new wrinkle was that of Esther
Towne Galbraith against Sayward
Galbraith. They were married in
Springfield, Mass, Is years ago and
have three children, the Oldest, a girl
IA years of age, and the youngest
a year old last March. Desertion
was alleged commencing In Febru-
airy 1911, and Mrs. Galbraith testi-
fed that she arrived in Reno, Oc-
tober /, of that year. Her six months
was up April 1 and her suit was
filed April 5th. The year of
desertion expired in February. 1912,
some two months before the COM
plant was filed.
There were other features of the
ease which seemed sufficient to es-
tablish a charge of cruelty better
than one of desertion and Judge
Moran suggested that the complaint
be amended accordingly but this
was not done, evidently in pursuance
10 an agreement whose nature was
not hard to aeertain from the evil
denee and attitude of counsel.
Mrs. Galbraith testified that her
husband worked in the town of
Palmer. some 16 miles from Spring
field, and that he "a away most of
the time. When her last baby vas
born he was not with her and did
not come to see her until after the
child was three months old. He
told her that he did not intend
to live with her again. She said
that she supposed he had been
living a life Of freedom so long in
Palmer that he did not care to
be bound by the demands of marri-
ed life any longer. She testified,
however, that Galbraith was a
moral man. of good character
and not a drinking man.
Judge Moran called the attention
of counsel to the fact that a years
desertion had not elapsed when
Mrs. Galbraith left Tor Reno, and
that she had not received any cor
respondence on the subject indicat-
ing a continued intention to desert
for several months prior to filing
the complaint. He suggested that
the complaint be amended making
the ground of divorce cruelty.
Plaintiffs counsel, however. did not
seem disposed to make the change,
and it was not argued by defen-
dant's counsel.
After examining the eldest child,
who said she preferred to go with
her mother, Judge Moran granted
the decree according to the prayer
of the complaint alleging desertion
and gave the custody of the child
rem to the mother.