Henning v. Henning

Opinion by

Gunther, J.,

William J. Henning, appellant, instituted this action in divorce charging his wife with desertion commencing on July 17, 1931. Appellant later amended his complaint, with court approval, by averring that his wife deserted him on October 17, 1930. The court below dismissed his complaint on the ground that the desertion, if any, commenced on July 17, 1931, and not on October 17, 1930; that appellant within eighteen months after that date lived in an adulterous relationship thereby barring his right to divorce.

Appellant had instituted a prior divorce proceeding in 1931 in…