McEvoy v. McEvoy

Suit for divorce by the husband against the wife upon the ground of abandonment. From a decree dismissing the bill the complainant has prosecuted this appeal. That the parties have been living separate and apart for more than two years next preceding the filing of this bill is not controverted; but the respondent insists the abandonment was by the husband. To constitute such a voluntary abandonment authorizing a decree of divorce, it is well settled there must be a final departure, without the consent of the other party, without sufficient reason therefor, and without the intention to return.…