Roberts v. Roberts

The appellant was a man eighty-one years of age and the respondent was of the -age of fifty-seven years at the time the action was tried. They were married in 1939, each having been formerly married, the respondent being a widow and mother of one daughter who was an adult at the time of the marriage. The appellant has no children.

In 1944, the appellant commenced an action for divorce against the defendant, alleging cruel and inhuman treatment. The wife merely defended that action and appellant failed to prove cause for divorce. This action was thereafter commenced by appellant; respondent…