Rudd v. Rudd

Graves, Oh. J:

Complainant sued for a divorce on a charge of desertion, and his case was dismissed. He filed his bill on the 6th day of November, 1873, and alleged the marriage on the 20th day of January, 1869, and averred that his wife deserted on the 5th day of November, 1871, or two years to a day prior to the filing of the bill. He was bound to prove his case in substance as stated, and hence was bound to .show an actual desertion begun at least as early as November 5th, 1871, and continued without interruption to the time of filing the bill. — Cooper v. Cooper, 17 Mich., 205; Porritt v.…