Wilson v. Wilson

Stevenson, V. C.

In this ex parte case the master reports that the defendant has been guilty of willful and continued desertion for more than two years, but further reports that such desertion has not been obstinate — that the separation has not been against the will of the petitioner. The petitioner excepts to the report and the question is thereby raised whether the state of the petitioner’s mind during the separation has been so far that of assent as to bar her suit.

In my opinion the evidence does not show such assent on the part of the petitioner, the wife, as would be necessary to prevent…