Bark v. Bark

Murphy, Justice.

After a decree of divorce on the grounds of desertion was granted to plaintiff husband by the district court, defendant wife appealed from a denial of her motion for a new trial contending that the record does not support the finding of the trial court that she was guilty of constructive desertion.

The parties were married in 1938. They separated twice prior to 1943 for periods of 1 or 2 months. On February 14, 1940, the husband brought a divorce action against the wife, but that action was abandoned *47or dismissed. Prior to the commencement of the present action one or two other…