Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 54 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 Excerpt: ...bodily hurt, abandonment, desertion, or where either party after marriage becomes a habitual drunkard." Section 7 of the same chapter gives chancery jurisdiction in all matters pertaining to divorce suits to the circuit courts, and section 9 provides: "The court in term, or the judge in vacation, may at any time pending the suit, make any order that may be proper to compel the man to pay any sum necessary for the maintenance of the woman, and to enable her to carry on the suit," or to prevent him from imposing any restraint on her personal liberty. Or to preserve the estate of the man so that it be forthcoming to meet any decree which may be made in the suit or to compel him to give security to abide such decree." It is insisted by appellant's counsel that the judge of the circuit court, by the order of February 22, erred in appointing plaintiff receiver of the real estate of defendant, and without requiring bond and security as provided in section 28, chapter 133, Code. The order is very peculiar; it does not in terras appoint plaintiff receiver of the homo and effects therein of defendant, and yet it takes the custody and control of it from the agents and employes of defendant and places plaintiff in the custody thereof with full control in and during the absence of defendant, although it changed the possession of the residence and effects therein for the time being the order does not elothe her with all powers and duties of a special receiver of the property, and it was evidently not the purpose to appoint her as such receiver, as her occupancy is limited by the language of the order to the time that the defendant remained absent and it is fairly implied that upon his return she shall relinquish her occupaney or possession. Whether th...