Hudgins v. Hudgins

Caret, J.:

The question here presented is whether the testimony justifies a finding of constructive desertion on the part of the wife under the principles laid down in Harrington v. Harrington, 8 W. W. Harr. 333, 192 A. 555. That case dealt with the question of whether or not refusal of sexual intercourse, without more, *248constitutes constructive desertion. In passing upon that question, the Court pointed out certain basic principles which have since been followed in this State, without exception, so far as I am aware. The Court declined to adopt what is perhaps the majority-rule that…