Smith v. Smith

Eagen, J.,

— Plaintiff husband seeks an absolute divorce from defendant wife on the grounds of willful desertion.

The parties were married on December 30, 1931. Shortly thereafter, they took up their residence in the first floor apartment of a duplex residence building owned by defendant’s mother. The latter lived in the apartment with them with the consent of all concerned.

In April 1951, a final and complete separation occurred when defendant’s wife and her mother ordered plaintiff from premises.

This action was completely justified. Several separations had previously occurred and each and…