Husband v. Wife

CAREY, Justice:

The husband has filed this appeal from an order of the Superior Court denying his petition for divorce. The petition alleged two grounds, adultery and desertion, which were denied by the wife. She also filed a counterclaim for a divorce a mensa et thoro on the ground of desertion. The trial Judge denied both the petition and the counterclaim. The wife has not appealed.

The question we shall pass upon is whether the trial Judge erred in holding that the evidence did not support a finding of adultery committed by the wife. Because of our views upon that question, we do not…