Hull v. Hull

Citations

• 14 Pa. Super. 520
• 1900 Pa. Super. LEXIS 74

Syllabus

<p>Divorce — Review by appellate court.</p> <p>A proceeding in divorce is subjected in the appellate court to scrutiny from beginning to end. Particularly is this directed to the testimony, in order that the merit or demerit of the application may on the whole be determined.</p> <p>Divorce — Desertion—Evidence—Facts not inferences must be proved.</p> <p>It is not enough to allege a wilful and malicious desertion. The libellant must, in order to be entitled to a divorce, exhibit facts from which the court may legally infer the breach of obligation. He cannot withhold facts and prove the inference.</p> <p>Desertion is an actual abandonment of mutual cohabitation with intent to desert.</p> <p>A divorce will not be decreed where the evidence establishes a separation which is not wilful and malicious desertion.</p>