Locher v. Locher

The husband sues for a divorce for desertion. The wife denies that she deserted her husband and, on the contrary, says that he deserted her, and by counter-claim seeks a divorce on this ground. The uncontested fact is that on May 14th, 1929, Mrs. Locher left her husband and has since then lived apart from him. She alleges that she was compelled to leave because of his ill-treatment of her, so that constructively her husband was the deserter.

The first question to be solved relates to the effect to be given to a decree in an earlier case between these parties. Shortly after Mrs. Locher left her…