Thomas v. Thomas

Opinion by

Linn, J.,

A divorce was refused and libellant has appealed. He alleges desertion March 2, 1926. The parties were married in 1922; each had been married before and had grown children by a former spouse. When the evidence was taken he was 63 and she about 60. He was a laborer earning laborer’s wages. She filed an answer to his libel admitting the separation but denying desertion and alleging as justification for leaving, cruel and barbarous treatment and indignities rendering her condition intolerable and life burdensome, thereby forcing her to withdraw. Libellant filed a replication…