Harrington v. Harrington

Layton, C. J.,

delivering the opinion of the Court:

A defendant in a divorce proceeding, so far as rules of pleading are concerned, stands in the same position as does a defendant in any other action. He is entitled to be informed with reasonable certainty and detail of the nature of the charge brought against him.

Wilful desertion under the statute is voluntary and unjustifiable cessation from cohabitation persisted in for the required period (Rev. Code 1915, § 3006 (e). It is direct where the defendant leaves the matrimonial domicile. It is indirect, or constructive, where his conduct is such…