
    SALLY HESLER v. JOHN HESLER.
    Divorce — bed and board — drunkenness'—wilful absence.
    Court cannot divorce from bed and board.
    If a wife refuse to support a drunken husband, or longer to cohabit with him, in consequence of which ho leaves her, the absence is not wilful on his part, to entitle her to a divorce lor that cause.
    Divorce. The bill alleges a marriage, twenty-three years ago; that the defendant enlisted into the army as a soldier; that the petitioner has raised her family by her own industry without his aid; that he is intemperate, and has been absent for more than three years.
    2111 *The answer denies that the defendant left, orhas separated from his wife willingly; but avers that he ever has wished, and still wishes to live with her. He insists that he shall not be compelled, in his old age, to seek a new wife, as he is satisfied with the one he has, provided she will give him a little more of her society. He admits that he occasionally uses stimulants to sweeten life.
    
    It was in proof, that the parties were married in Kentucky. Eight years ago, all her property was taken in execution, and sold to pay his whisky debts, and he left her. She removed to Cincinnati, and he lived with her, most of the time drunk, for several years, and doing no good, when she refused to -support him any longer, and he left her house about five years ago. Her character is, in general, good; but she has expressed a desire to be rid of her husband, in order that she may marry some one else.
   BY THE COURT.

This might possibly be a case for a divorce from bed and board; but the legislature, for reasons unknown to us, have taken from the court the power of granting such divorce. The wife has driven off her husband, and now seeks a divorce, because of his wilful absence. She was doubtless right in refusing to live with, or support a husband always drunk, but that does not make a case of wilful absence on his part.

Bill dismissed.  