Waggner v. Waggner

Opinion by

Cunningham, J.,

Eva S. Waggner, respondent below, has appealed from a decree in divorce granted her husband, Benjamin G. Waggner, upon the ground that she wilfully and maliciously deserted him on December 17, 1927, and persisted therein until the filing of his libel on January 29, 1932.

The parties were married on April 17, 1926, and lived together only twenty months: Libellant was then about fifty-six and respondent fifty; he was a widower with five adult children, three of whom had homes of their own and two, Ruth, aged twenty-six and Ben, twenty-three, lived with him; she was a…