Mooney v. Mooney

Opinion by

Hirt, J.,

A divorce on the ground of desertion was granted on the uncorroborated testimony of libellant. Giving due regard to the report of the master we are unable to agree with his findings or with the conclusion of the court that the charge was sustained. Libellant’s proofs are neither clear nor satisfactory. His testimony was discredited in essential respects by that of the respondent and by his own admissions. On this ground alone he is barred. A case is not made out unless there is more than a doubtful balance of the evidence. Mosher v. Mosher, 149 Pa. Superior Ct. 422, 27 A.…