Musgrave v. Musgrave

Citations

• 185 Pa. 260
• 39 A. 961
• 1898 Pa. LEXIS 701

Syllabus

<p>Divorce — Desertion—Evidence.</p> <p>In an action for divorce for desertion tried before a jury, the husband who was the libellant alleged that the respondent had wilfully deserted his house. The evidence showed that the respondent after some unkind words from her husband left his house, but subsequently returned with the intention of resuming her marital duties. Her husband did not speak to her, and when she temporarily went out of the house he closed it, and refused to permit her to enter, saying that she could go to his farm house, but that he would not stay there. Late at night she was sent with an employee to the farm house, a mile and a half away. The next morning the respondent left the libellant’s farm. Two months afterwards libellant wrote his wife the following letter : “ Madam : I hereby notify and desire you to return to my house which you have wilfully and without cause deserted, and resume the performance of your duties as my wife. I offer you a comfortable house and maintenance and good treatment, and if you neglect to comply with this request, I shall be obliged to take other steps.” Held, (1) that the letter was proper for the consideration of the jury in connection with the other evidence in the case; (2) that she was justified in leaving his house and remaining away until she received notice from him in good faith that he .was willing to receive her and treat her properly; (8) that this letter could not be said, as a matter of law, to be such notice; (é) that a verdict and judgment for the respondent should be sustained.</p>