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Leonard v. Leonard

Citations

  • 67 Pa. Super. 412
  • 1917 Pa. Super. LEXIS 417

Syllabus

<p>Divorce — Desertion—Acquiescence—-Consent—Wilful -and malicious desertion.</p> <p>Consent to a desertion cannot be inferred from mere acquiescence in the desertion.</p> <p>Where a wife has established her right to divorce on the ground of desertion, she cannot be deprived of such right by reason of letters written by her more than two years after the desertion containing statements that her husband’s company was repulsive to her. Such letters are mere evidence of her state of mind, and consent to the desertion cannot be inferred from them.</p> <p>A wife is entitled to divorce .on the ground of desertion where it appears that her husband left their home without her consent and did not return;. that he never made any .effort to resume cohabitation ; that he had not contributed anything to her support after he left her; and that on one occasion after the desertion he went to her door, and when she asked what he wanted, he replied: “I don’t want you, that’s one......sure thing.”</p>

Judges: Head, Henderson, Kephart, Orlady, Porter, Trexler, Williams

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