Ziegenfus v. Ziegenfus

Opinion by

Rhodes, J.,

Libellant in Ms libel charged Ms wife, the respondent, with desertion. The master recommended a divorce on that ground. The court below sustained respondent’s exceptions and dismissed the libel. Libellant has appealed.

The issue is the alleged desertion by respondent on October 6,1938. The burden was upon libellant to establish by clear and satisfactory proofs that the desertion was not only wilful and malicious on the part of respondent, but that it continued so to be, and that it was without the consent or encouragement of libellant; there must have been an actual…