Smith v. Smith

This was an uncontested action for divorce based upon the ground of desertion. The trial court found that the defendant had wilfully ab sented himself from the society of his wife without any intention of returning, but rendered judgment against the plaintiff on the ground that she had failed to prove that his desertion was without her consent. The assignments of error attack the finding and conclusion.

With such corrections as we find the plaintiff entitled to, the facts are these: The parties were married in September, 1936, and separated in December of the same year. They had quarrelled…