Esenwein v. Esenwein

Opinion by

Parker, J.,

The respondent in this action in divorce has appealed from a decree of a court of common pleas granting an absolute divorce to libellant for wilful and malicious desertion by the wife. We are required, since there was not a jury trial, to examine all the evidence de novo and reach an independent judgment on the issue: Fay v. Fay, 27 Pa. Superior Ct. 328, 334; Middleton v. Middleton, 187 Pa. 612, 41 A. 291. After a careful examination of the record we are all of the opinion that the decree must be reversed.

The libellant fixed the date of desertion as March 8, 1934. The…