Tyndall v. Tyndall

HERRMANN, Justice:

This appeal arises in a divorce action brought by the plaintiff wife upon the ground of wilful desertion. 1 The husband defended upon the ground that he was justified in leaving the wife because of her misconduct. Upholding that defense, the Superior Court held in favor of the husband and dismissed the petition. The wife appeals.

The Trial Court had before it substantially the same evidence that was before a different Judge of the Superior Court in an earlier action for divorce brought by the husband against the wife on the ground of constructive desertion. In the earlier…