McPhillips v. McPhillips

Opinion by

Reno, J.,

Libellant charged his wife with indignities and desertion. The master recommended a divorce for desertion. The court below sustained the respondent’s exceptions, refused a decree, and dismissed the libel. The libellant appealed.

Judge Alessandroni, who wrote the opinion of the court below, placed the refusal of the decree squarely upon the ground that libellant had not sustained his case by the clear preponderance of the evidence. Our independent study of the evidence has brought us to the same conclusion.

Libellant is forty-two years old, his wife thirty-seven, and their son…