Elrod v. Elrod

Oxner, Justice.

This is an appeal by a wife from a decree granting a divorce to her husband upon the ground of desertion. There are numerous exceptions but we need only consider (1) the effect of the refusal of the Special Referee to take testimony deemed by him incompetent and his failure to find the facts, and (2) whether the Circuit Judge erred in refusing a motion to amend the answer.

Appellant, a woman in her fifties, was born in Sweden. She came to this country in 1949 and for a while resided in Rhode Island with her sister. Respondent, who is about 78 years old, is a resident of Anderson…