McCurry v. McCurry

The complaint alleges facts designed to support three distinct causes of action for a divorce, viz., desertion, intolerable cruelty and fraudulent contract. The state referee to whom the case was referred for a finding of facts has concluded in his report that the evidence adduced before him fails to sustain any of plaintiff’s claims on the grounds asserted unless (1) there was intolerable cruelty as a matter of law or, (2) “unless the court is of the opinion that upon the facts as found the refusal of the defendant to consummate the marriage, constituted desertion.” The plaintiff most…