McCoy v. McCoy

Citations

• 74 Pa. Super. 552
• 1920 Pa. Super. LEXIS 196

Syllabus

<p>Divorce — Desertion — Insufficient evidence — Voluntary separa~ tion.</p> <p>A libel for divorce is properly dismissed, where there was no evidence of the wilful intent to desert, and the evidence discloses a mutual separation, and no offer made in good faith by either party to resume marital relations.</p> <p>Where the libellant consented to his wife going and never made any proper attempt at reconciliation, and the respondent was willing at all times to return to her husband, whenever he provided a home for her, it cannot he said that the testimony established such a clear proof of a guilty intent to desert, as would justify the granting of a divorce.</p>