Duncan v. Duncan

Opinion by

Ross, J.,

In this divorce action the master recommended that a divorce be granted to the libellant husband on the ground of desertion. The Court of Common Pleas of Fayette County, sitting in banc, dismissed respondent’s exceptions to the master’s report and entered a decree in divorce, and respondent wife has appealed.

Appellant bases her appeal on the ground that libellant has failed to establish a desertion within the mean-, ing of section 10 as amended of the Act of May 2, 1929, P. L. 1237, 23 PS sec. 10, which requires “wilful and malicious desertion, and absence from the…