Moses v. Moses

Citations

• 77 Pa. Super. 154
• 1921 Pa. Super. LEXIS 228

Syllabus

<p>Divorce — Desertion—Evidence—Insufficiency.</p> <p>In an action for divorce, on the ground of desertion, a decree of divorce is properly refused, where the evidence establishes separation by mutual consent, rather than a wilful and malicious desertion.</p> <p>Although the respondent’s conduct after the Separation may have been such that a divorce might be granted on other grounds, the libellant cannot have a decree of divorce for any reason other than that alleged in his libel. Courts ought never to sever the marriage contract, except where the application is made in sincerity and truth, and then only for the very cause set forth in the libel, and fully sustained by the testimony.</p>