Jones v. Jones

Layton, C. J.,

delivering the opinion of the Court:

The petition alleges that the parties were married on March 23, 1913; that they lived together until January 17, 1919; and that the said defendant “did desert and leave the said libellant more than two years prior to the filing of this libel in divorce and hath not since said desertion lived and cohabited with said libellant.”

It is not alleged that the desertion was wilful, nor are facts set forth from which the wilfulness of the desertion in its origination and continuance may be inferred. Leave was asked to amend the petition by inserting…