Howard v. Howard

CHIPMAN, C.

—Divorce on the ground of desertion. Plaintiff had judgment, from which and from the order denying motion for a new trial defendant appeals. Finding 3 was as follows: “ That on the tenth day of March, 1897, the defendant willfully and without cause deserted and abandoned the plaintiff, and ever since has deserted plaintiff, and continues to live apart from him without his consent.” Finding 7 was, that “ on or about the twentieth day of March, 1893, the plaintiff and defendant entered into an agreement of separation, set forth in paragraph 7 of defendant’s answer.” The agreement is…