Franks v. Franks

Opinion by

Keller, P. J.,

This was an action of divorce brought by the husband on the ground of wilful and malicious desertion.

The parties were married on August 3, 1918. They separated on February 14, 1921 and have not lived together since. The libel in divorce was filed on December 18, 1935. The defense was that the separation was with the libellant’s consent. If it was, the libel must be dismissed, for there was no evidence worthy of serious consideration that the libellant ever sought, in good faith, to resume marital relations with the respondent.

A great part of the testimony before the…