Jacobs v. Jacobs

The parties were married on March 5th, 1922, and cohabited until the month of July of that year, when the petitioner announced to his wife that he was going to leave her, committed an assault and battery upon her, left her and never has returned. The petitioner's brother testified that in the following December the defendant told him that he would never again live with the petitioner and would not support her under any court order.

The proofs disclose and the special master reports, that on the 9th day of September following the desertion, the petitioner commenced an action in the New York…