Hodges v. Hodges

This is an appeal by the wife from a decree awarding ber husband a divorce on the ground of willful or malicious desertion or absence without a reasonable cause for two whole years, under Code, Section 8426, subsection 4.

There are various assignments of error, but we shall pretermit all but the fourth, which goes to the vitals of the case, viz., that the court erred in finding the defendant guilty of willful desertion for two whole years without cause.

We think this assignment is well taken. To get the full two year period there must be counted the time there was pending a former divorce suit…