Irwin v. Irwin

Opinion by

Parker, J.,

In this divorce action the court below entered a final decree in favor of the libellant on the ground that the respondent had wilfully and maliciously deserted her husband. That court did not file an opinion but adopted the recommendation of a master, made after findings of fact and a discussion of the facts and law. We have reached a different conclusion and are all of the opinion that the libellant failed to sustain the/ burden that was on him to make out a case by evidence that was clear and satisfactory.

As we are required to do, in the absence of a jury trial (Sloan…