Pomerantz v. Pomerantz

Citations

• 71 Pa. Super. 241
• 1919 Pa. Super. LEXIS 79

Syllabus

<p>Divorce — Desertion—^Evidence.</p> <p>The guilty intent to desert is rebutted in a divorce case where the separation is encouraged by the other party or agreed to by mutual consent. Although the respondent may have had full intention to -leave; if the libellant speeded the parting and by his acts indicated that he wished her to go, there was a common object in both of their minds, and until one or the other destroys the prior status and revokes the consent by making a bona fide offer to resume marital relations, which is refused, the separation must be regarded as consentable.</p> <p>Divorce — Charge of court — Instructions as to desertion.</p> <p>A failure to affirm a point submitted by the respondent to the effect that “If the jury find that the libellant had ordered respondent to withdraw from their home, she is not guilty of wilful and malicious desertion,” is reversible error.</p>