
    CATHARINE JOHNSTON v. LUKE JOHNSTON.
    -Divorce — wilful absence — alimony—injunction.
    A man leaving his family frequently, poorly provided, but returning, is not wilfully absent.
    If the wife afterwards go to her friends, and he remove to another county, and has been gone two or three years, the time is too uncertain to decree a divorce upon.
    Adultery is not madeaout by proof that the husband was seen at the house of a woman late and'early, to the neglect of his own woman, or hugged and nursed her in company, and the superadded belief of a witness, that-he might have seen more if he had wished.
    In such case, alimony will be ordered to defray the expense of prosecution and maintenance, and the husband will be enjoined from interfering with the wife, or her earnings, or the children, until the further order of the court.
    Divorce, cause alleged, wilful absence more than three years, and adultery with Susanna Lines.
    A witness testified to the marriage of the parties, their living together, and having children. He frequently left his family poorly provided for, but would return occasionally and live with them. It had been so for six or seven years. He continued so to return 'home, until the wife left the house about two or three years ago, when he removed to Coshocton county. ‘ I have seen him, (said the witness) at the house of Susanna Lines, late and early, to the neglect of his own woman; and I have seen him hugging and nursing her in company, and I verily believe I might have seen more if I had wished.’ Mrs. Johnston’s character is good.
   By the Court-.

You make a case for alimony, but not for a divorce. The absence has not been long enough to be within the statute — the adultery may be suspected, but. is not proven. He is ordered to pay $50 in ten days, for present subsistence and expenses, and $50 every ninety days thereafter, for the support of the complainant and the children, and is enjoined from interfering to control her person or earnings, ot with the children, until the further order of the court. The cause is continued.  