Donald v. Donald

Opinion by

Keller, P. J.,

The trial judge, admitting some difficulty in arriving at a conclusion, granted the libellant husband a decree of divorce on the ground of wilful and malicious desertion, without a reasonable cause, for a space of two years from September 22, 1939.

Our great respect for his judgment causes us some difficulty, too, but as the burden of establishing the libellant’s charge of a wilful and malicious desertion by clear and convincing evidence rested on him, and in our opinion he has not met that burden, we arrive at a different conclusion. We find no convincing evidence of a…