Deitrick v. Deitrick

Opinion by

Linn, J.,

A divorce should not be granted unless the evidence discloses a case clearly within the statute: Rommel v. Rommel, 87 Pa. Superior Ct. 513; Twaddell v. Twaddell, 95 Pa. Superior Ct. 429. Desertion is the cause alleged in this case. “Desertion is an actual abandonment of matrimonial cohabitation, with an intent to desert, wilfully and maliciously persisted in, without cause, for two years. The guilty intent is manifested when, without cause or consent, either party withdraws from the residence of the other.” Ingersoll v. Ingersoll, 49 Pa. 249, 251; see also Neagley v.…