Mertz v. Mertz

Opinion by

Cunningham, J.,

The final decree in this divorce proceeding was granted the husband upon the ground that the wife’s admitted withdrawal from their long-established home amounted to a “wilful and malicious desertion,” within the meaning of “The Divorce Law” of May 2, 1929, P. L. 1237.

As required, in the absence of a jury trial, (Langeland v. Langeland, 108 Pa. Superior Ct. 375, 164 A. 816) we have, upon this appeal by the wife, considered all the evidence and have reached the independent conclusion that the decree should be affirmed.

The respondent defended upon two grounds: (1) That…