Wise v. Wise

OPINION by

Hirt, J.,

We are in accord with the conclusion of the master and of the lower court that the charge of indignities has not been sustained. But from our appraisal of the evidence we are unable to agree that libellant’s testimony rises to that high degree of proof essential to establish desertion, either in November 1941, as the master found, or on September 26,1939, the date fixed by the court, or at any other time.

The case is not free from difficulty. The master who observed them described the libellant as “an amiable, intelligent and pleasant person, member of a prominent and highly…