Smoot v. Smoot

This appeal is from a decree awarding an absolute divorce to a husband on the ground of constructive abandonment on the part of the wife. The bill was filed on June 18, 1951, reciting that the separation occurred in August, 1949. It did not pray for custody of the two children. The wife filed an answer alleging that the husband deserted her without just cause in August, 1949, but did not pray a divorce. The case was heard by the Chancellor in open court.

The parties were married in 1931. As he was earning a very small salary they lived in the home of her parents at 2607 East Oliver Street,…