Fortune v. Fortune

ROVER, Chief Judge.

This is an appeal by the wife from a dismissal of her complaint for divorce. Suit was brought against the husband for an absolute divorce on the ground of desertion for two years. The testimony of the wife was to the effect that, due to the husband’s excessive drinking, they had not cohabited as man and wife since February 1953, although they lived in the same house, occupying separate bedrooms until March 1955, when, following a week end of excessive drinking, he came home and became unconscious. She was unable to reach his physician and tried unsuccessfully to have him…