Gordon v. Gordon

Citations

• 208 Pa. 186
• 57 A. 525
• 1904 Pa. LEXIS 725

Syllabus

<p>Divorce — Desertion—Offer to resume marital relations — Evidence—Province of court and jury.</p> <p>If the offer to resume marital relations after a desertion is not made in good faith and with the intention to live in the relation of husband and wife, but with the view of defeating a divorce, or for any other dishonest purpose, the injured party may decline to accept it, without being deprived of the right to procure a divorce after the expiration of two years from the desertion. Where there is a demand for an issue and trial by jury the question of good faith is for the jury.</p> <p>In a proceeding for divorce for desertion by a wife against a husband, the plaintiff is entitled to have the ease submitted to the jury where the evidence shows that after a summer vacation the respondent did not return to his home with his wife, alleging illness; that he wrote her a year afterwards still referring to his illness and saying that he desired to consult her about a place where they could live together; that three months after the date of this letter to which the wife did not reply he sent a registered letter in which he again referred to his health, and stated that he had rented apartments, and asked when he could see her to fix and arrange for moving in; that the respondent’s statements as to his health were not true, and that- the general tone of the letters and the circumstances under which they were written tended to show deception and bad faith.</p>