Gordon v. Gordon

Citations

• 23 Pa. Super. 261
• 1903 Pa. Super. LEXIS 50

Syllabus

<p>Divorce — Desertion—Evidence—Province of court and jury.</p> <p>On the trial before a jury of a libel for divorce for desertion by a wife against a husband, the plaintiff is entitled to have the case 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>