Pinckney v. Pinckney

On February 20, 1946, the defendant was served with process in a divorce action returnable to the March, 1946 session. Intolerable cruelty from July 1, 1942, was alleged. The defendant appeared 'by counsel but did not plead. On September 13, 1946, the defendant consented to the filing of an amendment to the complaint alleging desertion by the defendant on July 1, 1942.

The case was tried as an uncontested matter on November 22, 1946. The plaintiff failed to introduce any evidence sufficient to warrant a decree on intolerable cruelty. She did however prove desertion in June of 1943 which had…