Merrick v. Merrick

Citations

• 43 Pa. Super. 13
• 1910 Pa. Super. LEXIS 3

Syllabus

<p>Divorce — Desertion—Indignities to person — Question for jury.</p> <p>1. Desertion is an actual abandonment of matrimonial cohabitation with an intent to desert willfully and maliciously persisted in without cause for two years.</p> <p>2. Where a husband withdraws from the presence and society of his wife, introduces into his household his father and mother, takes control of the house from the wife, forces her to live in separate apartments not properly heated, and so conducts himself as to lead to the inference that he was making life uncomfortable for her in order that she might be induced to leave, and the wife leaves the house under such circumstances as to show that she had no intention of deserting her husband, the question as to whether there was a desertion by the wife is a question for the jury in a divorce proceeding instituted by the husband, and a verdict and judgment for the wife in such proceeding will not be reversed.</p>