Davenport v. Davenport

Our legislature has provided that desertion, as a ground of divorce, must be willful, continued and obstinate for the statutory period. A wife's desertion, though willful, cannot be adjudged obstinate unless it has resisted such efforts or concessions on the part of her husband as he ought to have made to bring it to an end, under the particular circumstances of the case. This is the established test in this state by a long and harmonious line of decisions. Jennings v. Jennings, 13 N.J. Eq. 38; Cornish v. Cornish, 23 N.J. Eq. 208; Bowlby v.Bowlby, 25 N.J. Eq. 406; affirmed, 25 N.J. Eq. 570;…