Schick v. Schick

The plaintiff, by suit instituted October 19, 1950, seeks a divorce on the ground of desertion.

The plaintiff proved that on March 12, 1947, the defendant voluntarily deserted her without her consent, and without justification or even explanation, and that the parties have been separated ever since. The only remaining question is whether either or both of the intervals of the defendant’s involuntary confinement in penal institutions, hereinafter referred to, and each occurring within the three-year period of separation, preclude a finding of desertion for the requisite statutory period. Gannon…