Tucker v. Tucker

The opinion of the court was delivered by'

Jacobs, J.

This is an appeal from a decree granting the petitioner-respondent’s petition for divorce.

The parties were married in 1920, when the respondent husband was 22 and the appellant wife was 27 years of age. They lived within the same house until 1945 when the respondent underwent an operation at a hospital. Since leaving the hospital he has lived separately in an apartment.

The respondent testified that in 1938 the wife stated that she would have nothing further to do with him and thereafter refused to have sexual relations with him; and that…