Smith v. Smith

A wife appeals from a decree granting a divorce a vinculo to her husband and dismissing her cross bill. The trial court found that the appellant committed adultery in 1952, which was condoned by the husband but revived by the wife’s conduct in 1960. The court also found that her conduct constituted cruelty and constructive desertion, which justified the husband in leaving the marital home with the two children.

The husband’s account of the alleged adultery may be thus summarized. In April, 1952, the Smiths attended a Saturday night party given by their then neighbors and friends, the Clarks,…