Gannon v. Gannon

The,elements of a cause of action on the ground of desertion are (1) cessation from cohabitation; (2) an intention on the part of the absenting party not to resume it; (3) the absence of the other party’s consent; and (4) absence of justification. McCurry v. McCurry, 126 Conn. 175, 178, 10 Atl. (2d) 365. The defendant wife, appealing from a judgment of divorce granted to the plaintiff on this ground, claims that he failed to prove elements three and four; and that, if he did prove wilful desertion, it appeared that he had legally deserted her, and his desertion would preclude him from…