Delgreco v. Delgreco

This libel for divorce comes before us upon the reservation and report of the probate judge (G. L. [Ter. Ed.] c. 215, § 13), which follows: “This libel,1 uncontested 2 although an appearance was entered for the libellee, charges desertion and cruel and abusive treatment, but desertion only was proved. The libellant proved, as a fact, desertion by the libellee on July 13, 1936. The doubt arises from a libel by the libellant filed February 10, 1943, which charged the same desertion as that now proved. That libel was pending .until July 1, 1945, when it was dismissed under Rule 43 (1934) of the…