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单词 DESERTION
释义

The act by which a person abandons and forsakes, without justification,or unauthorized, a station or condition of public or social life, renouncing itsresponsibilities and evading its duties.In matrimonial and divorce law. An actual abandonment or breaking off of matrimonialcohabitation, by either of the parties, and a renouncing or refusal of the dutiesand obligations of the relation, with an intent to abandon or forsake entirely and not toreturn to or resume marital relations, occurring without legal justification either In theconsent or the wrongful conduct of the other party. State v. Baker, 112 La. SOI, 3GSouth. 703; Bailey v. Bailey, 21 Grat. (Va.) 47; Ingersoll v. Ingersoll, 49 Pa. 250, 88Am. Dec. 500; Droege v. Droege, 55 Mo. App. 482; Bar- nett v. Barnett, 27 Ind. App.400, 01 N. E. 737; Williams v. Williams, 130 N. Y. 193, 29 N. E. 98, 14 L. R. A. 220, 27Am. St Rep. 517; Magrath v. Magrath, 103 Mass. 579. 4 Am. Rep. 579; Cass v. Cass, 31N. J. Eq. 020; Ogilvie v. Ogilvie, 37 Or. 171, 01 Pac. 027 ; Tirrell v. Tirrell. 72 Conn.507, 45 Atl. 153, 47 L. R. A. 750; State v. Weber, 48 Mo. App. 504.In military law. An ofTense which consists in the abandonment of his post andduties by a person commissioned or enlisted in the army or navy, without leave andwith the intention not to return. Ilollingsworth v. Shaw, 19 Ohio St. 432, 2 Am. Rep.411;In re Sutherland (D. C.) 53 Fed. 551. There is a difference between desertion andsimple “absence without leave;” in order to constitute the former, there must be anintention not to return to the service. Hanson v. South Seituate, 115 Mass. 330.In maritime law. The act by which a seaman deserts and abandons a ship or vessel,in which he had engaged to perform a voyage, before the expiration of his time, andwithout leave. By desertion, in the maritime law, is meant, not a mere unauthorizedabsence from the ship without leave, but an unauthorized absence from the ship, withan intention not to return to her service, or, as it is often expressed, animo nonrevcrtendi; that is, with an intention to desert. Coffin v. Jenkins, 3 Story, 108, Fed. Cas.No. 2,948; The Union (D. C.) 20 Fed. 539; The Mary C. Coner.v (D. C.) 9 Fed. 223; TheGeorge, 10 Fed. Cas. 204.

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更新时间:2024/10/27 7:27:08