The eleventh cause just specified was dropped in 1868. The remaining ten were then re-enacted;[461] and these grounds, without addition or essential change, constitute the law of Kansas at the present time. In this state there is no separation from bed and board. But "the wife may obtain alimony alone from the husband without a divorce ... for any of the causes for which a divorce may be granted."[462] By the constitution, jurisdiction in all divorce actions is vested in the district courts;[463] and the supreme court has authority when suits are brought up on error.[464]
[461] "Code of Civil Procedure," approved Feb. 25, 1868, Art. XXVIII: in PRICE, RIGGS, AND MCCAHON, _Gen. Stat. of Kan._, 757-59. The law of 1868 reappears in DASSLER, _Laws of Kan._ (1876), II, 761-63; _ibid._ (1879), 690-92.
[462] _Laws of Kan._ (1897), II, 273-77; DASSLER, _Gen. Stat._ (1901), 1055.
[464] See Ulrich _v._ Ulrich, 8 _Kan._, 402. _Cf._ Wesner _v._ O'Brien, 1 _Ct. App._, 416; and McPherson _v._ the State, 56 _Kan._, 140 ff.
Both kinds of separation are provided for by the Nebraska law of 1856; and a marriage is then declared to be completely dissolved without decree in case of conviction and imprisonment for life. The district court of the county where the married persons or one of them resides is empowered to grant absolute divorce on complaint of the aggrieved for (1) adultery; (2) physical incompetency at the time of the marriage; (3) sentence to imprisonment for three years or more, no pardon effecting a restoration of conjugal rights; (4) two years' wilful abandonment without good cause; (5) habitual drunkenness. The same tribunal may decree either a limited or a full divorce for (1) extreme cruelty; or (2) two years' utter desertion by either spouse; and (3) in favor of the wife, when the husband, being of sufficient ability, shall grossly or wantonly and cruelly refuse or neglect to provide for her.[465] No essential change appears in the statutes until 1875, when imprisonment for life was made a sixth ground of absolute divorce;[466] and so the law of Nebraska remains at the present hour.[467]
[465] Act of Jan. 26: _Laws_ (1856), 154-59.
[466] Act of Feb. 19: _Laws_ (1875), 80. _Cf._ _Gen. Stat. of Neb._ (1873), 344-51; and _Stat. of Neb._, in force Aug. 1, 1867, 128-35, where the causes approved in 1856 appear without essential change.