Magee v. Magee

Citations

• 71 Pa. Super. 594
• 1919 Pa. Super. LEXIS 159

Syllabus

<p>Divorce — Desertion—Evidence—Separation.</p> <p>Where the evidence shows that the libelant refused to Support his family, that he was arrested on the charge of nonsupport and an order made against him, that he did not contribute anything in consequence of such order, and that the respondent continued to maintain a home and look after the children, the court will not sustain a libel by the husband for divorce on the ground of his wife’s desertion.</p> <p>Where the weight of the evidence supports the conclusion that the libelant went away voluntarily, probably because of the action of his wife in causing him to be sentenced to contribute to her support, the respondent cannot be considered guilty of constructive desertion and the libel in divorce is properly dismissed.</p>