{
  "id": 1697188,
  "name": "Earnest v. Earnest",
  "name_abbreviation": "Earnest v. Earnest",
  "decision_date": "1959-12-14",
  "docket_number": "5-1990",
  "first_page": "420",
  "last_page": "421",
  "citations": [
    {
      "type": "official",
      "cite": "231 Ark. 420"
    },
    {
      "type": "parallel",
      "cite": "329 S.W.2d 543"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "223 Ark. 879",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1650398
      ],
      "weight": 2,
      "opinion_index": 0,
      "case_paths": [
        "/ark/223/0879-01"
      ]
    }
  ],
  "analysis": {
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    "char_count": 2207,
    "ocr_confidence": 0.517,
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    "simhash": "1:9b6fce31ef2155b1",
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  "last_updated": "2023-07-14T20:12:37.296536+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Earnest v. Earnest."
    ],
    "opinions": [
      {
        "text": "Sam Robinson, Associate Justice.\nAppellant, Laura Earnest, has appealed from a decree granting a divorce to appellee, Francis B. Earnest. The parties were married in Hot Springs in November, 1948, and lived together at appellee\u2019s sister\u2019s hotel until the fall of 1949, when appellee moved into a separate room in the hotel. In 1950 appellee moved to the Boss Apartments, at another location. In the same year appellant moved to the Colonial Apartments. In October, 1950, appellee moved back to his sister\u2019s hotel and has lived there since that time.\nOn January 3, 1957, appellee filed suit for divorce, alleging three years\u2019 separation without cohabitation. Appellee testified that he and appellant had been separated since 1950 and had not lived together since that time; that appellant had not been to his room in the hotel and he had not been to her apartment except on \u25a0one occasion when he went there on a business matter, but only went to the front door. His sister, Mary Taylor corroborated his testimony regarding the separation. \u2022On the other hand, Mrs. Earnest, appellant, testified that over a period of about seven years appellee. had been to her apartment on numerous occasions, at which times they indulged in sexual relations.\nOn appeal Mrs. Earnest contends that there is no \u25a0corroboration of Mr. Earnest\u2019s testimony that they had not cohabited as man and wife for the past three years. In Wicker v. Wicker, 223 Ark. 879, 269 S. W. 2d 311, the appellant made the same argument.\u2019 There the witness, E. S. Blease, testified that the Wickers had not lived together for more than four years. On appeal Mrs. Wicker argued that cohabitation could have occurred without Blease\u2019s knowledge. This Court said: \u201cObviously the same argument could be made in every case; to sustain it would be to abolish three years separation as a ground for divorce.\u201d Not only is appellee corroborated as to the separation by the testimony of Mrs. Taylor, but also by the circumstances of living separate and apart at different apartments for more than seven years.\nAffirmed.",
        "type": "majority",
        "author": "Sam Robinson, Associate Justice."
      }
    ],
    "attorneys": [
      "R. Julian Glover, for appellant.",
      "Earl J. Lane, for appellee."
    ],
    "corrections": "",
    "head_matter": "Earnest v. Earnest.\n5-1990\n329 S. W. 2d 543\nOpinion delivered December 14, 1959.\nR. Julian Glover, for appellant.\nEarl J. Lane, for appellee."
  },
  "file_name": "0420-01",
  "first_page_order": 444,
  "last_page_order": 445
}