Truman v. Truman

Rodney, J.,

delivering the opinion of the Court:

The imprisonment is relied upon as commencing the desertion of the plaintiff by the defendant. The question arises, can a cause of action for divorce based on “wilful desertion” be predicated on imprisonment for crime? There are authorities which seem to sustain an affirmative answer to this question. In 9 R. C. L. 360, § 146, it is said:

“But it would seem to be a more reasonable rule that a spouse may be guilty of desertion, though his separation from the complaining spouse was due to his conviction and imprisonment for a crime, since the…